Texas 2019 - 86th Regular

Texas Senate Bill SB1389 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4898 LHC-D
2	2	By: Watson S.B. No. 1389
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the period for which a person may be committed to a
8	8	facility or a jail-based or outpatient program for restoration of
9	9	competency.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 46B.072(b), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(b) The court shall order a defendant released on bail under
14	14	Subsection (a-1) to participate in an outpatient competency
15	15	restoration program for a period not to exceed 60 [120] days.
16	16	SECTION 2. Article 46B.073(b), Code of Criminal Procedure,
17	17	is amended to read as follows:
18	18	(b) For purposes of further examination and competency
19	19	restoration services with the specific objective of the defendant
20	20	attaining competency to stand trial, the court shall commit a
21	21	defendant described by Subsection (a) to a mental health facility,
22	22	residential care facility, or jail-based competency restoration
23	23	program for [the applicable period as follows:
24	24	[(1)] a period of not more than 60 days[, if the
25	25	defendant is charged with an offense punishable as a misdemeanor;
26	26	or
27	27	[(2) a period of not more than 120 days, if the
28	28	defendant is charged with an offense punishable as a felony].
29	29	SECTION 3. Article 46B.079(d), Code of Criminal Procedure,
30	30	is amended to read as follows:
31	31	(d) If the head of the facility or program provider notifies
32	32	the court that the initial restoration period is about to expire,
33	33	the notice may contain a request for an extension of the period for
34	34	an additional period of 30 [60] days and an explanation for the
35	35	basis of the request. An explanation provided under this
36	36	subsection must include a description of any evidence indicating a
37	37	reduction in the severity of the defendant's symptoms or
38	38	impairment.
39	39	SECTION 4. Articles 46B.080(a) and (c), Code of Criminal
40	40	Procedure, are amended to read as follows:
41	41	(a) On a request of the head of a facility or a program
42	42	provider that is made under Article 46B.079(d) and notwithstanding
43	43	any other provision of this subchapter, the court may enter an order
44	44	extending the initial restoration period for an additional period
45	45	of 30 [60] days.
46	46	(c) The court may grant only one 30-day [60-day] extension
47	47	under this article in connection with the specific offense with
48	48	which the defendant is charged.
49	49	SECTION 5. Article 46B.090(l), Code of Criminal Procedure,
50	50	is amended to read as follows:
51	51	(l) If the psychiatrist for the provider determines that a
52	52	defendant ordered to participate in the pilot program has not been
53	53	restored to competency by the end of the 60th day after the date the
54	54	defendant began to receive services in the pilot program:
55	55	(1) for a defendant charged with a felony, the court
56	56	may:
57	57	(A) order a single extension under Article
58	58	46B.080 and the transfer of the defendant [shall be transferred,]
59	59	without unnecessary delay [and for the remainder of the period
60	60	prescribed by Article 46B.073(b),] to the first available facility
61	61	that is appropriate for that defendant as provided by Article
62	62	46B.073(c) or (d) for the remainder of the period under the
63	63	extension;
64	64	(B) proceed under Subchapter E or F; or
65	65	(C) release the defendant on bail as permitted
66	66	under Chapter 17; and
67	67	(2) for a defendant charged with a misdemeanor, the
68	68	court may:
69	69	(A) order a single extension under Article
70	70	46B.080 and, notwithstanding Articles 46B.073(e) and (f), the
71	71	transfer of the defendant without unnecessary delay to the
72	72	appropriate mental health facility or residential care facility as
73	73	provided by Article 46B.073(d) for the remainder of the period
74	74	under the extension;
75	75	(B) proceed under Subchapter E or F;
76	76	(C) release the defendant on bail as permitted
77	77	under Chapter 17; or
78	78	(D) dismiss the charges in accordance with
79	79	Article 46B.010.
80	80	SECTION 6. Article 46B.091(j), Code of Criminal Procedure,
81	81	is amended to read as follows:
82	82	(j) If the psychiatrist or psychologist for the provider
83	83	determines that a defendant committed to a program implemented
84	84	under this article has not been restored to competency by the end of
85	85	the 60th day after the date the defendant began to receive services
86	86	in the program:
87	87	(1) for a defendant charged with a felony, the court
88	88	may:
89	89	(A) order a single extension under Article
90	90	46B.080 and the transfer of the defendant [shall be transferred,]
91	91	without unnecessary delay [and for the remainder of the period
92	92	prescribed by Article 46B.073(b),] to the first available facility
93	93	that is appropriate for that defendant as provided by Article
94	94	46B.073(c) or (d) for the remainder of the period under the
95	95	extension;
96	96	(B) proceed under Subchapter E or F; or
97	97	(C) release the defendant on bail as permitted
98	98	under Chapter 17; and
99	99	(2) for a defendant charged with a misdemeanor, the
100	100	court may:
101	101	(A) order a single extension under Article
102	102	46B.080 and, notwithstanding Articles 46B.073(e) and (f), the
103	103	transfer of the defendant without unnecessary delay to the
104	104	appropriate mental health facility or residential care facility as
105	105	provided by Article 46B.073(d) for the remainder of the period
106	106	under the extension;
107	107	(B) proceed under Subchapter E or F;
108	108	(C) release the defendant on bail as permitted
109	109	under Chapter 17; or
110	110	(D) dismiss the charges in accordance with
111	111	Article 46B.010.
112	112	SECTION 7. The changes in law made by this Act apply only to
113	113	the commitment of a defendant against whom proceedings are
114	114	initiated under Chapter 46B, Code of Criminal Procedure, as amended
115	115	by this Act, on or after the effective date of this Act. The
116	116	commitment of a defendant against whom proceedings are initiated
117	117	before the effective date of this Act is governed by the law in
118	118	effect on the date the proceedings were initiated, and the former
119	119	law is continued in effect for that purpose.
120	120	SECTION 8. This Act takes effect September 1, 2019.