HB 211

84(R) - 2015
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Toni Rose

Bill Caption

Relating to resuming a criminal case after a defendant is determined to be competent to stand trial.

Fiscal Notes

A fiscal note dated April 13, 2015 anticipates not fiscal implication to the State or to units of local government.

Bill Analysis

House Bill 211 would amend Section 46B.084 of the Code of Criminal Procedure related to proceedings on return of defendant to court to provide that the court would have to notify the attorney representing the state and the attorney representing the defendant not later than the next business day following the return of a defendant to the court. The attorney for defendant would have to meet and confer with the defendant within 3 days to determine whether the defendant has or has not regained competency.

In making the determination on a defendant's competency to stand trial, House Bill 211 would require that the court make the determination either not later than 20th day after the date on which the court received notification under Article 46B.079 or not later than the 5th day after the date of the defendant's return to court, whichever occurs first.

In the case the defendant is found competent, proceedings would have to resume on the court's motion 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.

Vote Recommendation Notes

According to the statement of purpose for House Bill 211, "current law does not adequately address the time frame in which criminal proceedings may be resumed after a defendant who was determined to be incompetent to stand trial has subsequently been found competent to stand trial."

House Bill 211 would establish clearly in statute the time frame for appointments and to resume criminal proceedings after the return of the defendant to court and after the defendant is determined competent.

Because this bill gives a clear time frame for the court to follow, it can potentially make criminal proceedings more efficient. We support House Bill 211.