Bill Text: TX SB1389 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the period for which a person may be committed to a facility or a jail-based or outpatient program for restoration of competency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Criminal Justice [SB1389 Detail]
Download: Texas-2019-SB1389-Introduced.html
86R4898 LHC-D | ||
By: Watson | S.B. No. 1389 |
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relating to the period for which a person may be committed to a | ||
facility or a jail-based or outpatient program for restoration of | ||
competency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.072(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) The court shall order a defendant released on bail under | ||
Subsection (a-1) to participate in an outpatient competency | ||
restoration program for a period not to exceed 60 [ |
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SECTION 2. Article 46B.073(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) For purposes of further examination and competency | ||
restoration services with the specific objective of the defendant | ||
attaining competency to stand trial, the court shall commit a | ||
defendant described by Subsection (a) to a mental health facility, | ||
residential care facility, or jail-based competency restoration | ||
program for [ |
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SECTION 3. Article 46B.079(d), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(d) If the head of the facility or program provider notifies | ||
the court that the initial restoration period is about to expire, | ||
the notice may contain a request for an extension of the period for | ||
an additional period of 30 [ |
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basis of the request. An explanation provided under this | ||
subsection must include a description of any evidence indicating a | ||
reduction in the severity of the defendant's symptoms or | ||
impairment. | ||
SECTION 4. Articles 46B.080(a) and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) On a request of the head of a facility or a program | ||
provider that is made under Article 46B.079(d) and notwithstanding | ||
any other provision of this subchapter, the court may enter an order | ||
extending the initial restoration period for an additional period | ||
of 30 [ |
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(c) The court may grant only one 30-day [ |
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under this article in connection with the specific offense with | ||
which the defendant is charged. | ||
SECTION 5. Article 46B.090(l), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(l) If the psychiatrist for the provider determines that a | ||
defendant ordered to participate in the pilot program has not been | ||
restored to competency by the end of the 60th day after the date the | ||
defendant began to receive services in the pilot program: | ||
(1) for a defendant charged with a felony, the court | ||
may: | ||
(A) order a single extension under Article | ||
46B.080 and the transfer of the defendant [ |
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without unnecessary delay [ |
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that is appropriate for that defendant as provided by Article | ||
46B.073(c) or (d) for the remainder of the period under the | ||
extension; | ||
(B) proceed under Subchapter E or F; or | ||
(C) release the defendant on bail as permitted | ||
under Chapter 17; and | ||
(2) for a defendant charged with a misdemeanor, the | ||
court may: | ||
(A) order a single extension under Article | ||
46B.080 and, notwithstanding Articles 46B.073(e) and (f), the | ||
transfer of the defendant without unnecessary delay to the | ||
appropriate mental health facility or residential care facility as | ||
provided by Article 46B.073(d) for the remainder of the period | ||
under the extension; | ||
(B) proceed under Subchapter E or F; | ||
(C) release the defendant on bail as permitted | ||
under Chapter 17; or | ||
(D) dismiss the charges in accordance with | ||
Article 46B.010. | ||
SECTION 6. Article 46B.091(j), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(j) If the psychiatrist or psychologist for the provider | ||
determines that a defendant committed to a program implemented | ||
under this article has not been restored to competency by the end of | ||
the 60th day after the date the defendant began to receive services | ||
in the program: | ||
(1) for a defendant charged with a felony, the court | ||
may: | ||
(A) order a single extension under Article | ||
46B.080 and the transfer of the defendant [ |
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without unnecessary delay [ |
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that is appropriate for that defendant as provided by Article | ||
46B.073(c) or (d) for the remainder of the period under the | ||
extension; | ||
(B) proceed under Subchapter E or F; or | ||
(C) release the defendant on bail as permitted | ||
under Chapter 17; and | ||
(2) for a defendant charged with a misdemeanor, the | ||
court may: | ||
(A) order a single extension under Article | ||
46B.080 and, notwithstanding Articles 46B.073(e) and (f), the | ||
transfer of the defendant without unnecessary delay to the | ||
appropriate mental health facility or residential care facility as | ||
provided by Article 46B.073(d) for the remainder of the period | ||
under the extension; | ||
(B) proceed under Subchapter E or F; | ||
(C) release the defendant on bail as permitted | ||
under Chapter 17; or | ||
(D) dismiss the charges in accordance with | ||
Article 46B.010. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
the commitment of a defendant against whom proceedings are | ||
initiated under Chapter 46B, Code of Criminal Procedure, as amended | ||
by this Act, on or after the effective date of this Act. The | ||
commitment of a defendant against whom proceedings are initiated | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the proceedings were initiated, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2019. |