Bill Text: TX SB2125 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the period for which a defendant with an intellectual disability who is found incompetent to stand trial may be civilly committed before the court holds a hearing to determine whether the defendant's release is appropriate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-28 - Referred to Criminal Justice [SB2125 Detail]
Download: Texas-2017-SB2125-Introduced.html
2017S0323-1 02/24/17 | ||
By: Zaffirini | S.B. No. 2125 |
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relating to the period for which a defendant with an intellectual | ||
disability who is found incompetent to stand trial may be civilly | ||
committed before the court holds a hearing to determine whether the | ||
defendant's release is appropriate. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.103, Code of Criminal Procedure, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) An order entered by a court under this article must | ||
state that the commitment of the defendant to a residential care | ||
facility for care, treatment, and training is authorized for a | ||
period of not more than 12 months. The order may be renewed for an | ||
additional 12-month-period at a hearing conducted in accordance | ||
with this section. | ||
SECTION 2. Article 46B.107(d), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(d) If the court or the state opposes release, the [ |
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court shall [ |
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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. | ||
SECTION 3. A court with jurisdiction over a defendant with | ||
an intellectual disability committed to a state supported living | ||
center or the Rio Grande State Center who has been a resident of the | ||
center and against whom charges are still pending in the court | ||
shall, as soon as practicable and not later than September 1, 2018, | ||
hold the hearing required by Article 46B.103(b-1), Code of Criminal | ||
Procedure, as added by this Act. | ||
SECTION 4. This Act takes effect September 1, 2017. |