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A BILL TO BE ENTITLED
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AN ACT
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relating to the commitment of certain criminal defendants with a |
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history of escape or flight to the maximum security unit of a mental |
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health facility for competency restoration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 46B.073(c) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(c) The [If the defendant is charged with an offense listed
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in Article 17.032(a), other than an offense listed in Article
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17.032(a)(6), or the indictment alleges an affirmative finding
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under Section 3g(a)(2), Article 42.12, the] court shall enter an |
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order committing the defendant to the maximum security unit of any |
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facility designated by the department, to an agency of the United |
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States operating a mental hospital, or to a Department of Veterans |
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Affairs hospital if: |
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(1) the defendant is charged with an offense listed in |
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Article 17.032(a), other than an offense listed in Article |
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17.032(a)(6); |
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(2) the indictment alleges an affirmative finding |
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under Section 3g(a)(2), Article 42.12; or |
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(3) the defendant is charged with an offense for which |
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the defendant could be sentenced to imprisonment in the Texas |
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Department of Criminal Justice for a term of 20 years or more and |
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the court finds that the defendant has a documented history of |
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escape or flight and poses a risk of unauthorized departure from a |
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mental health facility if not committed to the maximum security |
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unit of the facility. |
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(d) If the defendant is not committed as described by |
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Subsection (c) [charged with an offense described by Subsection (c)
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and the indictment does not allege an affirmative finding under
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Section 3g(a)(2), Article 42.12], the court shall enter an order |
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committing the defendant to a mental health facility or residential |
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care facility determined to be appropriate by the local mental |
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health authority or local mental retardation authority. |
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SECTION 2. Article 46B.104, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF |
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VIOLENCE OR HISTORY OF ESCAPE. A defendant committed to a facility |
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as a result of proceedings initiated under this chapter shall be |
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committed to the maximum security unit of any facility designated |
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by the department if: |
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(1) the defendant is charged with an offense listed in |
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Article 17.032(a), other than an offense listed in Article |
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17.032(a)(6); [or] |
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(2) the indictment charging the offense alleges an |
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affirmative finding under Section 3g(a)(2), Article 42.12; or |
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(3) the defendant is charged with an offense for which |
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the defendant could be sentenced to imprisonment in the Texas |
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Department of Criminal Justice for a term of 20 years or more and |
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the court finds that the defendant has a documented history of |
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escape or flight and poses a risk of unauthorized departure from a |
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mental health facility if not committed to the maximum security |
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unit of the facility. |
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SECTION 3. The heading to Article 46B.106, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 46B.106. CIVIL COMMITMENT PLACEMENT: NO FINDING OF |
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VIOLENCE OR HISTORY OF ESCAPE. |
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SECTION 4. The change in law made by this Act applies only |
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to a defendant against whom proceedings are initiated under Chapter |
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46B, Code of Criminal Procedure, on or after the effective date of |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2013. |