| 1 | 1 | | 2017S0323-1 02/24/17 |
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| 2 | 2 | | By: Zaffirini S.B. No. 2125 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the period for which a defendant with an intellectual |
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| 8 | 8 | | disability who is found incompetent to stand trial may be civilly |
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| 9 | 9 | | committed before the court holds a hearing to determine whether the |
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| 10 | 10 | | defendant's release is appropriate. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 46B.103, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Subsection (b-1) to read as follows: |
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| 14 | 14 | | (b-1) An order entered by a court under this article must |
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| 15 | 15 | | state that the commitment of the defendant to a residential care |
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| 16 | 16 | | facility for care, treatment, and training is authorized for a |
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| 17 | 17 | | period of not more than 12 months. The order may be renewed for an |
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| 18 | 18 | | additional 12-month-period at a hearing conducted in accordance |
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| 19 | 19 | | with this section. |
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| 20 | 20 | | SECTION 2. Article 46B.107(d), Code of Criminal Procedure, |
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| 21 | 21 | | is amended to read as follows: |
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| 22 | 22 | | (d) If the court or the state opposes release, the [The] |
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| 23 | 23 | | court shall [may, on motion of the attorney representing the state |
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| 24 | 24 | | or on its own motion,] hold a hearing to determine whether release |
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| 25 | 25 | | is appropriate under the applicable criteria in Subtitle C or D, |
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| 26 | 26 | | Title 7, Health and Safety Code. The court may conduct the hearing: |
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| 27 | 27 | | (1) at the facility; or |
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| 28 | 28 | | (2) by means of an electronic broadcast system as |
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| 29 | 29 | | provided by Article 46B.013. |
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| 30 | 30 | | SECTION 3. A court with jurisdiction over a defendant with |
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| 31 | 31 | | an intellectual disability committed to a state supported living |
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| 32 | 32 | | center or the Rio Grande State Center who has been a resident of the |
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| 33 | 33 | | center and against whom charges are still pending in the court |
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| 34 | 34 | | shall, as soon as practicable and not later than September 1, 2018, |
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| 35 | 35 | | hold the hearing required by Article 46B.103(b-1), Code of Criminal |
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| 36 | 36 | | Procedure, as added by this Act. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2017. |
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