| |
| |
| |
|
|
AN ACT
|
|
|
relating to resuming a criminal case after a defendant is |
|
|
determined to be competent to stand trial. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 46B.079(c), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(c) When the head of the facility or outpatient treatment |
|
|
program provider gives notice to the court under Subsection (a) or |
|
|
(b), the head of the facility or outpatient treatment program |
|
|
provider also shall file a final report with the court stating the |
|
|
reason for the proposed discharge under this chapter and including |
|
|
a list of the types and dosages of medications prescribed for the |
|
|
defendant while the defendant was in the facility or participating |
|
|
in the outpatient treatment program. To enable any objection to |
|
|
the findings of the report to be made in a timely manner under |
|
|
Article 46B.084(a-1) [46B.084(a)], the court shall provide copies |
|
|
of the report to the attorney representing the defendant and the |
|
|
attorney representing the state. |
|
|
SECTION 2. Article 46B.084, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (a), (b), and (d) and adding |
|
|
Subsections (a-1) and (d-1) to read as follows: |
|
|
(a)(1) Not later than the next business day following the |
|
|
return of a defendant to the court, the court shall notify the |
|
|
attorney representing the state and the attorney for the defendant |
|
|
regarding the return. Within three business days of the date that |
|
|
notice is received under this subsection or, on a showing of good |
|
|
cause, a later date specified by the court, the attorney for the |
|
|
defendant shall meet and confer with the defendant to evaluate |
|
|
whether there is any suggestion that the defendant has not yet |
|
|
regained competency. |
|
|
(2) Notwithstanding Subdivision (1), in a county with |
|
|
a population of less than one million or in a county with a |
|
|
population of four million or more, as soon as practicable |
|
|
following the date of the defendant's return to the court, the court |
|
|
shall provide the notice required by that subdivision to the |
|
|
attorney representing the state and the attorney for the defendant, |
|
|
and the attorney for the defendant shall meet and confer with the |
|
|
defendant as soon as practicable after the date of receipt of that |
|
|
notice. |
|
|
(a-1)(1) Following the defendant's [On the] return [of a
|
|
|
defendant] to the court, the court shall make a determination with |
|
|
regard to the defendant's competency to stand trial. The court may |
|
|
make the determination based on the report filed under Article |
|
|
46B.079(c) and on other medical information or personal history |
|
|
information relating to the defendant. A party may object in |
|
|
writing or in open court to the findings of the report not later |
|
|
than the 15th day after the date on which the court received |
|
|
notification under Article 46B.079. The court shall make the |
|
|
determination not later than the 20th day after the date on which |
|
|
the court received notification under Article 46B.079, or not later |
|
|
than the fifth day after the date of the defendant's return to |
|
|
court, whichever occurs first, regardless of whether a party |
|
|
objects to the report as described by this subsection and the issue |
|
|
is set for hearing under Subsection (b). |
|
|
(2) Notwithstanding Subdivision (1), in a county with |
|
|
a population of less than one million or in a county with a |
|
|
population of four million or more, the court shall make the |
|
|
determination described by that subdivision not later than the 20th |
|
|
day after the date on which the court received notification under |
|
|
Article 46B.079, regardless of whether a party objects to the |
|
|
report as described by that subdivision and the issue is set for a |
|
|
hearing under Subsection (b). |
|
|
(b) If a party objects under Subsection (a-1) [(a)], the |
|
|
issue shall be set for a hearing. The hearing is before the court, |
|
|
except that on motion by the defendant, the defense counsel, the |
|
|
prosecuting attorney, or the court, the hearing shall be held |
|
|
before a jury. |
|
|
(d)(1) If the defendant is found competent to stand trial, |
|
|
on the court's own motion criminal proceedings in the case against |
|
|
the defendant shall [may] be resumed not later than the 14th day |
|
|
after the date of the court's determination under this article that |
|
|
the defendant's competency has been restored. |
|
|
(2) Notwithstanding Subdivision (1), in a county with |
|
|
a population of less than one million or in a county with a |
|
|
population of four million or more, on the court's own motion |
|
|
criminal proceedings in the case against the defendant shall be |
|
|
resumed as soon as practicable after the date of the court's |
|
|
determination under this article that the defendant's competency |
|
|
has been restored. |
|
|
(d-1) This article does not require the criminal case to be |
|
|
finally resolved within any specific period. |
|
|
SECTION 3. 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 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 211 was passed by the House on May 15, |
|
|
2015, by the following vote: Yeas 123, Nays 3, 3 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 211 on May 29, 2015, by the following vote: Yeas 143, Nays 1, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 211 was passed by the Senate, with |
|
|
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |