TITLE: Relating to procedures regarding criminal defendants who have been determined incompetent to stand trial.

SUMMARY: Relating to procedures regarding criminal defendants who have been determined incompetent to stand trial.

FULL TEXT:
AN ACT relating to procedures regarding criminal defendants who have been determined incompetent to stand trial. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 46B.001, Code of Criminal Procedure, is amended by adding Subdivision (9) to read as follows: (9) "Bodily injury" has the meaning assigned by Section 1.07, Penal Code. SECTION 2. Article 46B.071, Code of Criminal Procedure, is amended to read as follows: Art. 46B.071. OPTIONS ON DETERMINATION OF INCOMPETENCY. (a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall: (1) commit the defendant to a facility under Article 46B.073 if the defendant is charged with: (A) an offense punishable as a felony; or (B) an offense punishable as a Class A misdemeanor if the alleged conduct resulted in bodily injury to a victim;[or] (2) on the motion of the attorney representing the state, dismiss the charge and proceed under Subchapter Ffor a defendant charged with an offense punishable as a misdemeanor other than an offense described by Subdivision (1)(B); or (3) release the defendant on bail under Article 46B.072. (b) On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall,as appropriate based on the circumstances of the case:(1) proceed under Subchapter Efor a defendant charged with: (A) an offense punishable as a felony; or (B) an offense punishable as a Class A misdemeanor if the alleged conduct resulted in bodily injury to a victim [or F];[or] (2) dismiss the applicable charge, whether felony or misdemeanor, and proceed under Subchapter F; or (3) release the defendant on bail as permitted under Chapter 17. SECTION 3. Article 46B.072(a), Code of Criminal Procedure, is amended to read as follows: (a) This article applies only to a defendant who is subject to an initial restoration period under this subchapter based on a determination made under Article 46B.071. SECTION 4. Article 46B.073(a), Code of Criminal Procedure, is amended to read as follows: (a) This article applies only to a defendant [not released on bail] who is subject to an initial restoration period based on a determination made under Article 46B.071 and who: (1) is charged with: (A) an offense punishable as a felony; or (B) an offense punishable as a Class A misdemeanor if the alleged conduct resulted in bodily injury to a victim; and (2) was not released on bail under Article 46B.072.SECTION 5. Article 46B.074(a), Code of Criminal Procedure, is amended to read as follows: (a) A defendant may be committed to a mental health facility or residential care facility or ordered to participate in an outpatient treatment program under this subchapter,only on competent medical or psychiatric testimony provided by an expert qualified under Article 46B.022. SECTION 6. Article 46B.106, Code of Criminal Procedure, is amended by adding Subsection (c) to read as follows: (c) Notwithstanding Subsection (a), a defendant charged with an offense punishable as a misdemeanor may only be committed to an outpatient treatment program under this article. SECTION 7. 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 8. This Act takes effect September 1, 2017.