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AN ACT
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relating to procedures regarding criminal defendants who are or may |
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be persons with mental illness or mental retardation. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Article 16.22, Code of Criminal Procedure, is |
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amended to read as follows: |
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�������Art. 16.22.��EXAMINATION AND TRANSFER OF DEFENDANT SUSPECTED |
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OF HAVING MENTAL ILLNESS OR MENTAL RETARDATION. �(a)(1)��Not later |
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than 72 hours after receiving evidence or a statement that may |
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establish reasonable cause to believe that a defendant committed to |
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the sheriff's custody has a mental illness or is a person with |
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mental retardation, the sheriff shall notify a magistrate of that |
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fact. �A defendant's behavior or the result of a prior evaluation |
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indicating a need for referral for further mental health or mental |
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retardation assessment must be considered in determining whether |
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reasonable cause exists to believe the defendant has a mental |
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illness or is a person with mental retardation. �On a determination |
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that there is reasonable cause to believe that the defendant has a |
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mental illness or is a person with mental retardation, the |
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magistrate, except as provided by Subdivision (2),�shall order an |
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examination of the defendant by the local mental health or mental |
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retardation authority or another [disinterested expert experienced
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and] qualified [in] mental health or mental retardation expert�to |
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determine whether the defendant has a mental illness as defined by |
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Section 571.003, Health and Safety Code, or is a person with mental |
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retardation as defined by Section 591.003, Health and Safety Code. |
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�������������(2)��The magistrate is not required to order an |
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examination described by Subdivision (1) if the defendant in the |
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year preceding the defendant's applicable date of arrest has been |
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evaluated and determined to have a mental illness or to be a person |
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with mental retardation by the local mental health or mental |
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retardation authority or another mental health or mental |
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retardation expert described by Subdivision (1). �A court that |
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elects to use the results of that evaluation may proceed under |
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Subsection (c). |
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�������������(3)��If the defendant fails or refuses to submit to an� |
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examination required under Subdivision (1), the magistrate may |
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order the defendant to submit to an�examination in a mental health |
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facility determined to be appropriate by the local mental health or |
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mental retardation authority for a reasonable period not to exceed |
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21 days. �The magistrate may order a defendant to a facility |
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operated by the [Texas] Department of State�[Mental] Health |
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Services or the Department of Aging and Disability Services�[and
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Mental Retardation] for examination only on request of the local |
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mental health or mental retardation authority and with the consent |
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of the head of the facility. �If a defendant who has been ordered to |
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a facility operated by the [Texas] Department of State�[Mental] |
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Health Services or the Department of Aging and Disability Services� |
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[and Mental Retardation] for examination remains in the facility |
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for a period exceeding 21 days, the head of that facility shall |
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cause the defendant to be immediately transported to the committing |
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court and placed in the custody of the sheriff of the county in |
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which the committing court is located. �That county shall reimburse |
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the [Texas Department of Mental Health and Mental Retardation] |
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facility for the mileage and per diem expenses of the personnel |
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required to transport the defendant calculated in accordance with |
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the state travel regulations in effect at the time. |
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�������(b)��A written report of the examination shall be submitted |
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to the magistrate not later than the 30th day after the date of any� |
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[within 30 days of the] order of examination issued in a felony case |
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and not later than the 10th day after the date of any order of |
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examination issued in a misdemeanor case, and the magistrate shall |
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provide�[furnish] copies of the report to the defense counsel and |
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the prosecuting attorney. �The report must�[shall] include a |
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description of the procedures used in the examination and the |
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examiner's observations and findings pertaining to: |
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�������������(1)��whether the defendant is a person who has a mental |
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illness or is a person with mental retardation; |
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�������������(2)��whether there is clinical evidence to support a |
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belief that the defendant may be incompetent to stand trial and |
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should undergo a complete competency examination under Subchapter |
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B, Chapter 46B; and |
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�������������(3)��recommended treatment. |
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�������(c)��After the court receives the examining expert's report |
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relating to the defendant under Subsection (b) or elects to use the |
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results of an evaluation described by Subsection (a)(2), the court |
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may, as applicable�[resume]: |
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�������������(1)��resume�criminal proceedings against the |
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defendant, including any appropriate�proceedings related to the |
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defendant's release on personal bond under Article 17.032; or |
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�������������(2)��resume or initiate�competency proceedings, if |
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required, as provided by Chapter 46B or other proceedings affecting |
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the defendant's receipt of appropriate court-ordered mental health |
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or mental retardation services, including proceedings related to |
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the defendant's receipt of outpatient mental health services under |
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Section 574.034, Health and Safety Code. |
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�������(d)��Nothing in this article prevents the court from, pending |
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an evaluation of the defendant as described by this article: |
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�������������(1)��releasing a mentally ill or mentally retarded |
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defendant from custody on personal or surety bond; or |
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�������������(2)��ordering an examination regarding the defendant's |
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competency to stand trial. |
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�������SECTION�2.��Subchapter A, Chapter 46B, Code of Criminal |
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Procedure, is amended by amending Articles 46B.009 and 46B.010 and |
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by adding Article 46B.0095 to read as follows: |
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�������Art. 46B.009.��TIME CREDITS. �[(a)]��A court sentencing a |
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person convicted of a criminal offense shall credit to the term of |
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the person's sentence the time the person is confined in a mental |
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health facility, residential care facility, or jail pending trial |
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under Subchapter C. |
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�������[(b)
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A defendant may not be committed to a mental hospital
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or other in-patient or residential facility under this chapter for
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a cumulative period that exceeds the maximum term provided by law
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for the offense for which the defendant was to be tried.
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On
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expiration of that maximum term, the defendant may be confined for
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an additional period in a mental hospital or other in-patient or
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residential facility only pursuant to civil commitment
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proceedings.] |
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�������Art. 46B.0095.��MAXIMUM PERIOD OF FACILITY COMMITMENT OR |
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OUTPATIENT TREATMENT PROGRAM PARTICIPATION DETERMINED BY MAXIMUM |
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TERM FOR OFFENSE. �(a)��A defendant may not, under this chapter, be |
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committed to a mental hospital or other inpatient or residential |
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facility, ordered to participate in an outpatient treatment |
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program, or subjected to both inpatient and outpatient treatment |
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for a cumulative period that exceeds the maximum term provided by |
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law for the offense for which the defendant was to be tried, except |
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that if the defendant is charged with a misdemeanor and has been |
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ordered only to participate in an outpatient treatment program |
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under Subchapter D or E, the maximum period of restoration is two |
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years beginning on the date of the initial order for outpatient |
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treatment program participation was entered. |
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�������(b)��On expiration of the maximum restoration period under |
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Subsection (a), the defendant may be confined for an additional |
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period in a mental hospital or other inpatient or residential |
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facility or ordered to participate for an additional period in an |
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outpatient treatment program, as appropriate, only pursuant to |
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civil commitment proceedings. |
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�������Art.�46B.010.��MANDATORY DISMISSAL OF MISDEMEANOR CHARGES. � |
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If a court orders the commitment of or participation in an |
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outpatient treatment program by�[commits] a defendant who is |
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charged with a misdemeanor punishable by confinement and the |
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defendant is not tried before the date of expiration of the maximum |
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period of restoration under this chapter as described by Article |
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46B.0095�[second anniversary of the date on which the order of
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commitment was entered], the court on the motion of the attorney |
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representing the state shall dismiss the charge. |
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�������SECTION�3.��Article 46B.072, Code of Criminal Procedure, is |
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amended to read as follows: |
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�������Art. 46B.072.��RELEASE ON BAIL. �(a)��Subject to conditions |
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reasonably related to assuring public safety and the effectiveness |
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of the defendant's treatment, if�[If] the court determines that a |
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defendant found incompetent to stand trial is not a danger to others |
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and may be safely treated on an outpatient basis with�[for] the |
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specific objective�[purpose] of attaining competency to stand trial |
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and if an appropriate outpatient treatment program is available for |
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the defendant, the court: |
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�������������(1)��may release [the defendant] on bail a defendant |
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found incompetent to stand trial with respect to a felony�or may� |
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continue the defendant's release on bail; and |
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�������������(2)��shall release on bail a defendant found |
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incompetent to stand trial with respect to a misdemeanor or shall |
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continue the defendant's release on bail[, subject to conditions
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reasonably related to assuring public safety and the effectiveness
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of the defendant's treatment]. |
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�������(b)��The court shall order a defendant released on bail under |
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Subsection (a) to participate in an outpatient treatment program |
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for a period not to exceed 120 days. |
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�������(c)��Notwithstanding Subsection (a), the court may order a |
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defendant to participate in an outpatient treatment program under |
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this article only if: |
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�������������(1)��the court receives and approves a comprehensive |
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plan that: |
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�������������������(A)��provides for the treatment of the defendant |
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for purposes of competency restoration; and |
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�������������������(B)��identifies the person who will be responsible |
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for providing that treatment to the defendant; and |
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�������������(2)��the court finds that the treatment proposed by the |
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plan will be available to and will be provided to the defendant. |
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�������(d)��An order issued under this article may require the |
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defendant to participate in: |
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�������������(1)��as appropriate, an outpatient treatment program |
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administered by a community center or an outpatient treatment |
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program administered by any other entity that provides outpatient |
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competency restoration services; and |
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�������������(2)��an appropriate prescribed regimen of medical, |
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psychiatric, or psychological care or treatment, including care or � |
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treatment involving the administration of psychoactive medication, |
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including those required under Article 46B.086. |
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�������SECTION�4.��Subsections (c) and (d), Article 46B.073, Code |
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of Criminal Procedure, are amended to read as follows: |
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�������(c)��If 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 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. |
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�������(d)��If the defendant is not charged with an offense |
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described by Subsection (c)�[listed in Article 17.032(a)] and the |
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indictment does not allege an affirmative finding under Section 3g |
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(a)(2), Article 42.12, the court shall enter an order committing |
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the defendant to a mental health facility or residential care |
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facility determined to be appropriate by the local mental health |
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authority or local mental retardation authority. |
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�������SECTION�5.��Articles 46B.075 and 46B.076, Code of Criminal |
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Procedure, are amended to read as follows: |
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�������Art. 46B.075.��TRANSFER OF DEFENDANT TO FACILITY OR |
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OUTPATIENT TREATMENT PROGRAM. �An�[A commitment] order issued under |
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Article 46B.072 or 46B.073�[this subchapter] must place the |
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defendant in the custody of the sheriff for transportation to the |
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facility or outpatient treatment program, as applicable,�in which |
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the defendant is to receive treatment for purposes of competency |
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restoration�[be confined]. |
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�������Art. 46B.076.��COURT'S ORDER. �(a)��If the defendant is found |
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incompetent to stand trial, not later than the date of the order of |
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commitment or of release on bail, as applicable,�the court shall |
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send a copy of the order to the facility of the department�to which |
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the defendant is committed or the outpatient treatment program to |
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which the defendant is released�[not later than the date the
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defendant is committed to the facility]. �The court shall also |
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provide to the facility or outpatient treatment program�copies of |
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the following made available to the court during the incompetency |
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trial: |
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�������������(1)��reports of each expert; |
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�������������(2)��psychiatric, psychological, or social work |
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reports that relate to the mental condition of the defendant; |
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�������������(3)��documents provided by the attorney representing |
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the state or the attorney representing the defendant that relate to |
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the defendant's current or past mental condition; |
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�������������(4)��copies of the indictment or information and any |
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supporting documents used to establish probable cause in the case; |
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�������������(5)��the defendant's criminal history record; and |
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�������������(6)��the addresses of the attorney representing the |
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state and the attorney representing the defendant. |
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�������(b)��The court shall order that the transcript of all medical |
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testimony received by the jury or court be promptly prepared by the |
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court reporter and forwarded to the proper facility or outpatient |
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treatment program. |
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�������SECTION�6.��Subsection (a), Article 46B.077, Code of |
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Criminal Procedure, is amended to read as follows: |
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�������(a)��The facility to which the defendant is committed or the |
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outpatient treatment program to which the defendant is released on |
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bail�shall: |
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�������������(1)��develop an individual program of treatment; |
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�������������(2)��assess and evaluate whether the defendant will |
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obtain competency in the foreseeable future; and |
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�������������(3)��report to the court and to the local mental health |
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authority or to the local mental retardation authority on the |
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defendant's progress toward achieving competency. |
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�������SECTION�7.��Articles 46B.078 through 46B.083, Code of |
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Criminal Procedure, are amended to read as follows: |
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�������Art. 46B.078.��CHARGES SUBSEQUENTLY DISMISSED. �If the |
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charges pending against a defendant are dismissed, the [committing] |
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court that issued the order under Article 46B.072 or 46B.073�shall |
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send a copy of the order of dismissal to the sheriff of the county in |
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which the [committing] court is located and to the head of the |
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facility or the provider of the outpatient treatment program, as |
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appropriate�[in which the defendant is held]. �On receipt of the |
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copy of the order, the facility or outpatient treatment program� |
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shall discharge the defendant into the care of the sheriff for |
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transportation in the manner described by Article 46B.082. |
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�������Art. 46B.079.��NOTICE AND REPORT TO COURT. �(a)��The head of |
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the facility or the provider of the outpatient treatment program, |
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as appropriate, not later than the 15th day before the date on which |
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a restoration period is to expire, shall notify the applicable |
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court that the restoration period is about to expire. |
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�������(b)��The head of the facility or outpatient treatment program |
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provider shall promptly notify the court when the head of the |
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facility or outpatient treatment program provider believes that: |
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�������������(1)��the defendant has attained competency to stand |
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trial; or |
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�������������(2)��the defendant will not attain competency in the |
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foreseeable future. |
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�������(c)��When the head of the facility or outpatient treatment |
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program provider gives notice to the court under Subsection (a) or |
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(b), the head of the facility or outpatient treatment program |
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provider also shall file a final report with the court stating the |
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reason for the proposed discharge under this chapter and including |
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a list of the types and dosages of medications with which the |
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defendant was treated for mental illness while in the facility or |
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participating in the outpatient treatment program. �To enable any |
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objection to the findings of the report to be made in a timely |
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manner under Article 46B.084(a), the court shall provide copies of |
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the report to the attorney representing the defendant and the |
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attorney representing the state. |
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�������(d)��If the head of the facility or outpatient treatment |
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program provider notifies the court that the initial restoration |
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period is about to expire, the notice may contain a request for an |
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extension of the period for an additional period of 60 days and an |
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explanation for the basis of the request�[RETURN TO COMMITTING
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COURT.
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(a)
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A defendant committed under this subchapter shall be
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returned to the committing court as soon as practicable after the
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date on which the defendant's term of commitment expires]. |
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�������[(b)
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A defendant committed under this subchapter whose term
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of commitment has not yet expired shall be returned to the
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committing court as soon as practicable after the 15th day
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following the date on which the parties received service on any
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report filed under Article 46B.080(b) regarding the defendant's
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ability to attain competency, except that, if a party objects to the
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findings of the report and the issue is set for a hearing under
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Article 46B.084, the defendant may not be returned to the
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committing court earlier than 72 hours before the date the hearing
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is scheduled.] |
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�������Art. 46B.080.��EXTENSION OF ORDER. �(a)��On a request of the |
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head of a facility or a treatment program provider that is made |
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under Article 46B.079(d) and notwithstanding any other provision of |
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this subchapter, the court may enter an order extending the initial |
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restoration period for an additional period of 60 days. |
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�������(b)��The court may enter an order under Subsection (a) only |
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if the court determines that, on the basis of information provided |
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by the head of the facility or the treatment program provider: |
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�������������(1)��the defendant has not attained competency; and |
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�������������(2)��an extension of the restoration period will likely |
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enable the facility or program to restore the defendant to |
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competency. |
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�������(c)��The court may grant only one extension under this |
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article for a period of restoration ordered under this subchapter� |
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[NOTICE TO COMMITTING COURT.
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(a)
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The head of a facility to which a
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defendant has been committed under this subchapter, not later than
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the 14th day before the date on which a commitment order is to
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expire, shall notify the committing court that the term of the
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commitment is about to expire.
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�������[(b)
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The head of the facility to which a defendant has been
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committed under this subchapter shall promptly notify the
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committing court when the head of the facility is of the opinion
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that:
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�������������[(1)
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the defendant has attained competency to stand
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trial; or
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�������������[(2)
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the defendant will not attain competency in the
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foreseeable future.
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�������[(c)
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When the head of the facility gives notice to the court
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under Subsection (a) or (b), the head of the facility also shall
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file a final report with the court stating the reason for the
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proposed discharge under this chapter and including a list of the
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types and dosages of medications with which the defendant was
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treated for mental illness while in the facility.
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The court shall
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provide copies of the report to the attorney representing the
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defendant and the attorney representing the state.
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�������[(d)
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If the head of the facility to which the defendant has
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been committed notifies the court that the commitment order is
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about to expire, the notice may contain a request for an extension
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of the commitment order for a period of 60 days and an explanation
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for the basis of the request]. |
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�������Art. 46B.081.��RETURN TO COURT. �Subject to Article |
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46B.082(b), a defendant committed or released on bail under this |
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subchapter shall be returned to the applicable court as soon as |
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practicable after notice to the court is provided under Article |
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46B.079, but not later than the date of expiration of the period for |
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restoration specified by the court under Article 46B.072 or 46B.073� |
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[EXTENSION OF COMMITMENT ORDER.
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(a)
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On the request of the head of
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a facility made under Article 46B.080(d), the court may enter an
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order extending the term of the commitment order for a period of 60
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days.
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�������[(b)
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The court may enter an order under Subsection (a) only
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if the court determines that, on the basis of information provided
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by the head of the facility:
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�������������[(1)��the defendant has not attained competency; and
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�������������[(2)
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an extension of the term of the commitment order
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will likely enable the facility to restore the defendant to
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competency.
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�������[(c)
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The court may grant only one extension under this
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article for the term of a defendant's commitment order]. |
�
|
�������Art. 46B.082.��TRANSPORTATION OF DEFENDANT. �(a)��On |
�
|
notification from the [committing] court under Article 46B.078, the |
�
|
sheriff of the county in which the [committing] court is located or |
�
|
the sheriff's designee shall transport the defendant to the |
�
|
[committing] court. |
�
|
�������(b)��If before the 15th day after the date on which the court |
�
|
received notification under Article 46B.079�a defendant committed |
�
|
to a [maximum security unit of a] facility of the department or |
�
|
ordered to participate in an outpatient treatment program�has not |
�
|
been transported to the court that issued the order under Article |
�
|
46B.072 or 46B.073, as applicable�[from the unit before the 15th day
|
�
|
after the date on which the court received notification under
|
�
|
Article 46B.080(a)], the head of the�[that] facility to which the |
�
|
defendant is committed or the provider of the outpatient treatment |
�
|
program in which the defendant is participating�shall cause the |
�
|
defendant to be promptly transported to the [committing] court and |
�
|
placed in the custody of the sheriff of the county in which the |
�
|
[committing] court is located. �The county in which the |
�
|
[committing] court is located shall reimburse the department for |
�
|
the mileage and per diem expenses of the personnel required to |
�
|
transport the defendant, calculated in accordance with rates |
�
|
provided in the General Appropriations Act for state employees. |
�
|
�������Art. 46B.083.��SUPPORTING COMMITMENT INFORMATION PROVIDED BY |
�
|
FACILITY HEAD OR OUTPATIENT TREATMENT PROGRAM PROVIDER. �(a)��If |
�
|
the head of the facility or outpatient treatment program provider� |
�
|
believes that the defendant is a person with mental illness and |
�
|
meets the criteria for court-ordered [inpatient] mental health |
�
|
services under Subtitle C, Title 7, Health and Safety Code, the head |
�
|
of the facility or the outpatient treatment program provider�shall |
�
|
have submitted to the court a certificate of medical examination |
�
|
for mental illness. |
�
|
�������(b)��If the head of the facility or the outpatient treatment |
�
|
program provider believes�[is of the opinion] that the defendant is |
�
|
a person with mental retardation, the head of the facility or the |
�
|
outpatient treatment program provider�shall have submitted to the |
�
|
court an affidavit stating the conclusions reached as a result of |
�
|
the examination. |
�
|
�������SECTION�8.��Subsections (a) and (b-1), Article 46B.084, Code |
�
|
of Criminal Procedure, are amended to read as follows: |
�
|
�������(a)��On the return of a defendant to the [committing] court, |
�
|
the court shall make a determination with regard to the defendant's |
�
|
competency to stand trial. �The court may make the determination |
�
|
based solely on the report filed under Article 46B.079(c)� |
�
|
[46B.080(c)], unless any party objects 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� |
�
|
[report is served on the parties]. �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, regardless |
�
|
of whether a party objects to the report as described by this |
�
|
subsection and the issue is set for hearing under Subsection (b). |
�
|
�������(b-1)��If the hearing is before the court, the hearing may be |
�
|
conducted by means of an electronic broadcast system as provided by |
�
|
Article 46B.013. �Notwithstanding any other provision of this |
�
|
chapter, the defendant is not required to be returned to the |
�
|
[committing] court with respect to any hearing that is conducted |
�
|
under this article in the manner described by this subsection. |
�
|
�������SECTION�9.��Articles 46B.085 and 46B.086, Code of Criminal |
�
|
Procedure, are amended to read as follows: |
�
|
�������Art. 46B.085.��SUBSEQUENT RESTORATION PERIODS�[COMMITMENTS] |
�
|
AND EXTENSIONS OF THOSE PERIODS�PROHIBITED. �(a)��The court may |
�
|
order only one initial period of restoration�[commitment] and one |
�
|
extension under this subchapter in connection with the same |
�
|
offense. |
�
|
�������(b)��After an initial restoration period�[a commitment] and |
�
|
an extension are ordered as described by Subsection (a), any |
�
|
subsequent court orders for treatment must be issued under |
�
|
Subchapter E or F. |
�
|
�������Art. 46B.086.��COURT-ORDERED MEDICATIONS. �(a)��This article |
�
|
applies only to a defendant: |
�
|
�������������(1)��who is determined under this chapter to be |
�
|
incompetent to stand trial; |
�
|
�������������(2)��for whom an inpatient mental health facility, |
�
|
residential care facility, or outpatient treatment program |
�
|
provider has prepared�a continuity of care plan [has been prepared
|
�
|
by a facility] that requires the defendant to take psychoactive |
�
|
medications; and |
�
|
�������������(3)��who, after a hearing held under Section 574.106, |
�
|
Health and Safety Code, has been found not to meet the criteria |
�
|
prescribed by Sections 574.106(a) and (a-1), Health and Safety |
�
|
Code, for court-ordered administration of psychoactive |
�
|
medications; or |
�
|
�������������(4)��who is subject to Article 46B.072. |
�
|
�������(b)��If a defendant described by Subsection (a) refuses to |
�
|
take psychoactive medications as required by the defendant's |
�
|
continuity of care plan, the director of the correctional facility |
�
|
or outpatient treatment provider�shall notify the court in which |
�
|
the criminal proceedings are pending of that fact not later than the |
�
|
end of the next business day following the refusal. �The court shall |
�
|
promptly notify the attorney representing the state and the |
�
|
attorney representing the defendant of the defendant's refusal. � |
�
|
The attorney representing the state may file a written motion to |
�
|
compel medication. �The motion to compel medication must be filed |
�
|
not later than the 15th day after the date a judge issues an order |
�
|
stating that the defendant does not meet the criteria for |
�
|
court-ordered administration of psychoactive medications under |
�
|
Section 574.106, Health and Safety Code. �The motion to compel |
�
|
medication for a defendant in an outpatient treatment program may |
�
|
be filed at any time. |
�
|
�������(c)��The court, after notice and after a hearing held not |
�
|
later than the fifth day after the defendant is returned to the |
�
|
committing court, may authorize the director of a correctional |
�
|
facility or the program provider, as applicable,�to have the |
�
|
medication administered to the defendant, by reasonable force if |
�
|
necessary. |
�
|
�������(d)�[(c)]��The court may issue an order under this article |
�
|
only if the order is supported by the testimony of two physicians, |
�
|
one of whom is the physician at or with�the applicable�correctional |
�
|
facility or outpatient treatment program�who is prescribing the |
�
|
medication as a component of the defendant's continuity of care |
�
|
plan and another who is not otherwise involved in proceedings |
�
|
against the defendant. �The court may require either or both |
�
|
physicians to examine the defendant and report on the examination |
�
|
to the court. |
�
|
�������(e)�[(d)]��The court may issue an order under this article if |
�
|
the court finds by clear and convincing evidence that: |
�
|
�������������(1)��the prescribed medication is medically |
�
|
appropriate, is in the best medical interest of the defendant, and |
�
|
does not present side effects that cause harm to the defendant that |
�
|
is greater than the medical benefit to the defendant; |
�
|
�������������(2)��the state has a clear and compelling interest in |
�
|
the defendant obtaining and maintaining competency to stand trial; |
�
|
�������������(3)��no other less invasive means of obtaining and |
�
|
maintaining the defendant's competency exists; and |
�
|
�������������(4)��the prescribed medication will not unduly |
�
|
prejudice the defendant's rights or use of defensive theories at |
�
|
trial. |
�
|
�������(f)�[(e)]��A statement made by a defendant to a physician |
�
|
during an examination under Subsection (d)�[(c)] may not be |
�
|
admitted against the defendant in any criminal proceeding, other |
�
|
than at: |
�
|
�������������(1)��a hearing on the defendant's incompetency; or |
�
|
�������������(2)��any proceeding at which the defendant first |
�
|
introduces into evidence the contents of the statement. |
�
|
�������SECTION�10.��Article 46B.102, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art. 46B.102.��CIVIL COMMITMENT HEARING: �MENTAL ILLNESS. � |
�
|
(a)��If it appears to the court that the defendant may be a person |
�
|
with mental illness, the court shall hold a hearing to determine |
�
|
whether the defendant should be court-ordered to mental health |
�
|
services under Subtitle C, Title 7, Health and Safety Code� |
�
|
[committed to a mental health facility]. |
�
|
�������(b)��Proceedings for commitment of the defendant to |
�
|
court-ordered mental health services [a mental heath facility] are |
�
|
governed by Subtitle C, Title 7, Health and Safety Code, to the |
�
|
extent that Subtitle C applies and does not conflict with this |
�
|
chapter, except that the criminal court shall conduct the |
�
|
proceedings whether or not the criminal court is also the county |
�
|
court. |
�
|
�������(c)��If the court enters an order committing the defendant to |
�
|
a mental health facility, the defendant shall be: |
�
|
�������������(1)��treated in conformity with Subtitle C, Title 7, |
�
|
Health and Safety Code, except as otherwise provided by this |
�
|
chapter; and |
�
|
�������������(2)��released in conformity with Article 46B.107. |
�
|
�������(d)��In proceedings conducted under this subchapter for a |
�
|
defendant described by Subsection (a): |
�
|
�������������(1)��an application for court-ordered temporary or |
�
|
extended mental health services may not be required; |
�
|
�������������(2)��the provisions of Subtitle C, Title 7, Health and |
�
|
Safety Code, relating to notice of hearing do not apply; and |
�
|
�������������(3)��appeals from the criminal court proceedings are to |
�
|
the court of appeals as in the proceedings for court-ordered |
�
|
inpatient mental health services under Subtitle C, Title 7, Health |
�
|
and Safety Code. |
�
|
�������SECTION�11.��Subsection (d), Article 46B.103, Code of |
�
|
Criminal Procedure, is amended to read as follows: |
�
|
�������(d)��In the proceedings conducted under this subchapter for a |
�
|
defendant described by Subsection (a): |
�
|
�������������(1)��an application [for court-ordered temporary or
|
�
|
extended mental health services or] to have the defendant declared |
�
|
a person with mental retardation may not be required; |
�
|
�������������(2)��the provisions of Subtitle�[Subtitles C and] D, |
�
|
Title 7, Health and Safety Code, relating to notice of hearing do |
�
|
not apply; and |
�
|
�������������(3)��appeals from the criminal court proceedings are to |
�
|
the court of appeals as in the proceedings for [court-ordered
|
�
|
inpatient mental health services under Subtitle C, Title 7, Health
|
�
|
and Safety Code, or for] commitment to a residential care facility |
�
|
under Subtitle D, Title 7, Health and Safety Code. |
�
|
�������SECTION�12.��Article 46B.104, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art.�46B.104.��CIVIL COMMITMENT PLACEMENT: �FINDING OF |
�
|
VIOLENCE. �A defendant committed to a facility as a result of |
�
|
proceedings initiated under this chapter shall be committed to the |
�
|
maximum security unit of any facility designated by the department |
�
|
if: |
�
|
�������������(1)��the defendant is charged with an offense listed in |
�
|
Article 17.032(a), other than an offense listed in Article |
�
|
17.032(a)(6); or |
�
|
�������������(2)��the indictment charging the offense alleges an |
�
|
affirmative finding under Section 3g(a)(2), Article 42.12. |
�
|
�������SECTION�13.��Article 46B.106, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art.�46B.106.��CIVIL COMMITMENT PLACEMENT: �NO FINDING OF |
�
|
VIOLENCE. �(a)��A defendant committed to a facility as a result of |
�
|
the proceedings initiated under this chapter, other than a |
�
|
defendant described by Article 46B.104, shall be committed to: |
�
|
�������������(1)��a facility designated by the department; or |
�
|
�������������(2)��an outpatient treatment program�[local mental
|
�
|
health authority or local mental retardation authority to serve the
|
�
|
catchment area in which the committing court is located]. |
�
|
�������(b)��A facility or outpatient treatment program�may not |
�
|
refuse to accept a placement ordered under this article on the |
�
|
grounds that criminal charges against the defendant are pending. |
�
|
�������SECTION�14.��Article 46B.107, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art.�46B.107.��RELEASE OF DEFENDANT AFTER CIVIL COMMITMENT. � |
�
|
(a)��The release from the department, an outpatient treatment |
�
|
program,�or a facility of a defendant committed under this chapter |
�
|
is subject to disapproval by the committing court if the court or |
�
|
the attorney representing the state has notified the head of the |
�
|
facility or outpatient treatment provider, as applicable,�to which |
�
|
the defendant has been committed that a criminal charge remains |
�
|
pending against the defendant. |
�
|
�������(b)��If the head of the facility or outpatient treatment |
�
|
provider�to which a defendant has been committed under this chapter |
�
|
determines that the defendant should be released from the facility, |
�
|
the head of the facility or outpatient treatment provider�shall |
�
|
notify the committing court and the sheriff of the county from which |
�
|
the defendant was committed in writing of the release not later than |
�
|
the 14th day before the date on which the facility or outpatient |
�
|
treatment provider�intends to release the defendant. |
�
|
�������(c)��The head of the facility or outpatient treatment |
�
|
provider�shall provide with the notice a written statement that |
�
|
states an opinion as to whether the defendant to be released has |
�
|
attained competency to stand trial. |
�
|
�������(d)��The court may, on motion of the attorney representing |
�
|
the state or on its own motion, hold a hearing to determine whether |
�
|
release is appropriate under the applicable criteria in Subtitle C |
�
|
or D, Title 7, Health and Safety Code. �The court may conduct the |
�
|
hearing: |
�
|
�������������(1)��at the facility; or |
�
|
�������������(2)��by means of an electronic broadcast system as |
�
|
provided by Article 46B.013. |
�
|
�������(e)��If the court determines that release is not appropriate, |
�
|
the court shall enter an order directing the head of the facility or |
�
|
the outpatient treatment provider�to not release the defendant. |
�
|
�������(f)��If an order is entered under Subsection (e), any |
�
|
subsequent proceeding to release the defendant is subject to this |
�
|
article. |
�
|
�������SECTION�15.��Article 46B.108, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art. 46B.108.��REDETERMINATION OF COMPETENCY. �(a)��If |
�
|
criminal charges against a defendant found incompetent to stand |
�
|
trial have not been dismissed, the trial court at any time may |
�
|
determine whether the defendant has been restored to competency. |
�
|
�������(b)��An inquiry into restoration of competency under this |
�
|
subchapter may be made at the request of the head of the mental |
�
|
health facility, outpatient treatment provider,�or residential |
�
|
care facility to which the defendant has been committed, the |
�
|
defendant, the attorney representing the defendant, or the attorney |
�
|
representing the state, or may be made on the court's own motion. |
�
|
�������SECTION�16.��Article 46B.109, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art. 46B.109.��REQUEST BY HEAD OF FACILITY OR OUTPATIENT |
�
|
TREATMENT PROVIDER. �(a)��The head of a facility or outpatient |
�
|
treatment provider�to which a defendant has been committed as a |
�
|
result of a finding of incompetency to stand trial may request the |
�
|
court to determine that the defendant has been restored to |
�
|
competency. |
�
|
�������(b)��The head of the facility or outpatient treatment |
�
|
provider�shall provide with the request a written statement that in |
�
|
their�[the] opinion [of the head of the facility] the defendant is |
�
|
competent to stand trial. |
�
|
�������SECTION�17.��Article 46B.113, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art. 46B.113.��DETERMINATION OF RESTORATION WITHOUT |
�
|
AGREEMENT. �(a)��The court shall hold a hearing on a request by the |
�
|
head of a facility or outpatient treatment provider�to which a |
�
|
defendant has been committed as a result of a finding of |
�
|
incompetency to stand trial to determine whether the defendant has |
�
|
been restored to competency. |
�
|
�������(b)��The court may hold a hearing on a motion to determine |
�
|
whether the defendant has been restored to competency or on the |
�
|
court's decision on its own motion to inquire into restoration of |
�
|
competency, and shall hold a hearing if a motion and any supporting |
�
|
material establish good reason to believe the defendant may have |
�
|
been restored to competency. |
�
|
�������(c)��If a court holds a hearing under this article, on the |
�
|
request of the counsel for either party or the motion of the court, |
�
|
a jury shall make the competency determination. �If the competency |
�
|
determination will be made by the court rather than a jury, the |
�
|
court may conduct the hearing: |
�
|
�������������(1)��at the facility; or |
�
|
�������������(2)��by means of an electronic broadcast system as |
�
|
provided by Article 46B.013. |
�
|
�������(d)��If the head of a facility or outpatient treatment |
�
|
provider�to which the defendant was committed as a result of a |
�
|
finding of incompetency to stand trial has provided an opinion that |
�
|
the defendant has regained competency, competency is presumed at a |
�
|
hearing under this subchapter and continuing incompetency must be |
�
|
proved by a preponderance of the evidence. |
�
|
�������(e)��If the head of a facility or outpatient treatment |
�
|
provider�has not provided an opinion described by Subsection (d), |
�
|
incompetency is presumed at a hearing under this subchapter and the |
�
|
defendant's competency must be proved by a preponderance of the |
�
|
evidence. |
�
|
�������SECTION 18.��Article 46B.117, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art. 46B.117.��DISPOSITION ON DETERMINATION OF INCOMPETENCY. � |
�
|
[(a)]��If a defendant under order of commitment to a facility or |
�
|
outpatient treatment program�is found to not have been restored to |
�
|
competency to stand trial, the court shall remand the defendant |
�
|
pursuant to that order of commitment, and, if applicable, order the |
�
|
defendant placed in the custody of the sheriff or the sheriff's |
�
|
designee for transportation back to the facility or outpatient |
�
|
treatment program. |
�
|
�������[(b)
�
�
If a defendant not under order of commitment is found
|
�
|
to not have been restored to competency to stand trial, the court
|
�
|
shall order the defendant's custody status to remain unchanged.] |
�
|
�������SECTION 19.��Article 46B.171, Code of Criminal Procedure, is |
�
|
amended to read as follows: |
�
|
�������Art. 46B.171.��TRANSCRIPTS AND OTHER RECORDS. �(a)��The |
�
|
court shall order that: |
�
|
�������������(1)��a transcript of all medical testimony received in |
�
|
both the criminal proceedings and the civil commitment proceedings |
�
|
under Subchapter E or F be prepared as soon as possible by the court |
�
|
reporters; and |
�
|
�������������(2)��copies of documents listed in Article 46B.076 |
�
|
accompany the defendant to the mental health facility, outpatient |
�
|
treatment program,�or residential care facility. |
�
|
�������(b)��On the request of the defendant or the attorney |
�
|
representing the defendant, a mental health facility, an outpatient |
�
|
treatment program,�or a residential care facility shall provide to |
�
|
the defendant or the attorney copies of the facility's records |
�
|
regarding the defendant. |
�
|
�������SECTION 20.��Section 574.107, Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�574.107.��COSTS. �(a)��The costs for a hearing� |
�
|
[hearings] under this subchapter shall be paid in accordance with |
�
|
Sections 571.017 and 571.018. |
�
|
�������(b)��The county in which the applicable criminal charges are |
�
|
pending or were adjudicated shall pay as provided by Subsection (a) |
�
|
the costs of a hearing that is held under Section 574.106 to |
�
|
evaluate the court-ordered administration of psychoactive |
�
|
medication to: |
�
|
�������������(1)��a patient ordered to receive inpatient mental |
�
|
health services as described by Section 574.106(a)(1) after having |
�
|
been determined to be incompetent to stand trial or having been |
�
|
acquitted of an offense by reason of insanity; or |
�
|
�������������(2)��a patient who: |
�
|
�������������������(A)��is awaiting trial after having been |
�
|
determined to be competent to stand trial; and |
�
|
�������������������(B)��was ordered to receive inpatient mental |
�
|
health services as described by Section 574.106(a)(2). |
�
|
�������SECTION 21.��Subsection (c), Article 46B.084, Code of |
�
|
Criminal Procedure, is repealed. |
�
|
�������SECTION 22.��(a)��Except as provided by Subsection (b) of |
�
|
this section, the change in law made by this Act applies only to a |
�
|
defendant with respect to which any proceeding under Chapter 46B, |
�
|
Code of Criminal Procedure, is conducted on or after the effective |
�
|
date of this Act. |
�
|
�������(b)��The change in law made by this Act in amending Section |
�
|
574.107, Health and Safety Code, applies only to a hearing under |
�
|
Section 574.106, Health and Safety Code, that commences on or after |
�
|
the effective date of this Act. �A hearing under Section 574.106, |
�
|
Health and Safety Code, that commences before the effective date of |
�
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this Act is covered by the law in effect when the hearing commenced, |
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and the former law is continued in effect for this purpose. |
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�������SECTION 23.��This Act takes effect September 1, 2007. |
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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.�867 passed the Senate on |
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April�12,�2007, 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.�867 passed the House on |
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May�17,�2007, by the following vote:��Yeas�146, Nays�0, 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 |