| 1 | 1 | | 88R11544 MCF-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 1313 |
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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 confinement in a county jail of certain defendants |
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| 8 | 8 | | who are incompetent to stand trial and to the compensation to the |
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| 9 | 9 | | county for the costs of that confinement. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 46B, Code of Criminal |
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| 12 | 12 | | Procedure, is amended by adding Article 46B.014 to read as follows: |
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| 13 | 13 | | Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO |
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| 14 | 14 | | COUNTIES. (a) The commission shall take custody of a defendant |
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| 15 | 15 | | awaiting transfer under an order issued under Article 46B.073 to a |
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| 16 | 16 | | facility operated by or under contract with the commission, not |
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| 17 | 17 | | later than the 45th day following the date the order is issued. |
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| 18 | 18 | | (b) If the commission does not take custody of a defendant |
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| 19 | 19 | | within the period prescribed by Subsection (a), the commission |
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| 20 | 20 | | shall compensate the county for the cost of confinement for each day |
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| 21 | 21 | | that the defendant remains confined in the county jail following |
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| 22 | 22 | | the expiration of that period. The compensation must be equal to |
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| 23 | 23 | | the amount that would have been incurred by the commission to |
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| 24 | 24 | | confine the defendant for that period. |
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| 25 | 25 | | SECTION 2. Article 46B.014, Code of Criminal Procedure, as |
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| 26 | 26 | | added by this Act, applies only to compensation to a county for the |
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| 27 | 27 | | cost of a defendant's confinement that occurs on or after January 1, |
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| 28 | 28 | | 2024, regardless of whether the order of commitment is issued |
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| 29 | 29 | | before, on, or after that date. |
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| 30 | 30 | | SECTION 3. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2023. |
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