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AN ACT
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relating to the maximum cumulative period allowed for restoration |
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of a defendant's competency to stand trial and to certain time |
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credits awarded against that cumulative period. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.0095, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) In addition to the time credit awarded under Subsection |
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(d), the court may credit to the cumulative period described by |
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Subsection (a) any good conduct time the defendant may have been |
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granted under Article 42.032 in relation to the defendant's |
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confinement as described by Subsection (d). |
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SECTION 2. Article 46B.010, Code of Criminal Procedure, as |
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amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the |
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82nd Legislature, Regular Session, 2011, is reenacted to read as |
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follows: |
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Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR CHARGES. |
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If a court orders that a defendant charged with a misdemeanor |
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punishable by confinement be committed to a mental hospital or |
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other inpatient or residential facility, participate in an |
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outpatient treatment program, or be subjected to both inpatient and |
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outpatient treatment, and the defendant is not tried before the |
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expiration of the maximum period of restoration described by |
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Article 46B.0095: |
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(1) on the motion of the attorney representing the |
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state, the court shall dismiss the charge; or |
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(2) on the motion of the attorney representing the |
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defendant and notice to the attorney representing the state, the |
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court [shall]: |
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(A) shall set the matter to be heard not later |
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than the 10th day after the date of filing of the motion; and |
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(B) may dismiss the charge on a finding that the |
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defendant was not tried before the expiration of the maximum period |
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of restoration. |
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SECTION 3. Article 46B.0095(d), Code of Criminal Procedure, |
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as added by Chapter 718 (H.B. 748), Acts of the 82nd Legislature, |
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Regular Session, 2011, is repealed. |
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SECTION 4. The change in law made by this Act applies only |
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to a defendant with respect to whom any proceeding under Chapter |
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46B, Code of Criminal Procedure, is conducted on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1326 passed the Senate on |
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April 30, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1326 passed the House on |
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May 24, 2015, by the following vote: Yeas 141, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |