88R2124 EAS-D
By: Hinojosa H.B. No. 479
A BILL TO BE ENTITLED
AN ACT
relating to the period for transporting a criminal defendant who is
found incompetent to stand trial to a facility for competency
restoration services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0753 to read as
follows:
Art. 46B.0753. DEADLINE FOR TRANSFER OF DEFENDANT TO
FACILITY. (a) A defendant who under Article 46B.073 is committed
to a facility for competency restoration services and placed in the
custody of the sheriff or sheriff's deputy in accordance with
Article 46B.075 must be transported to the facility providing the
services not later than the 21st day following the date the court
ordered the commitment.
(b) If the facility to which the defendant is committed does
not have a space available for the defendant's placement at the time
transport is required under Subsection (a), the court that ordered
the defendant's commitment shall commit the defendant to another
facility providing competency restoration services or a jail-based
competency restoration program in accordance with this subchapter.
SECTION 2. The change in law made by this Act applies only
to a proceeding under Chapter 46B, Code of Criminal Procedure, that
commences on or after the effective date of this Act, regardless of
when the defendant may have committed the underlying offense for
which the defendant became subject to the proceeding.
SECTION 3. This Act takes effect September 1, 2023.