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