SB 1326

84(R) - 2015
Senate Criminal Justice
Senate Criminal Justice
Criminal Justice
Criminal Procedure

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Jose Menendez

Bill Caption

Relating to the maximum cumulative period allowed for restoration of a defendant's competency to stand trial and to certain time credits awarded against that cumulative period.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

The bill would amend the Code of Criminal Procedure relating to the maximum period of time a defendant can be committed to a mental hospital or other facility or treatment program after a finding of incompetency to stand trial. The bill would authorize a court, in calculating the cumulative maximum time period, to consider good time credit the defendant may have been granted while confined in a correctional facility before the initial order of commitment was entered. The Office of Court Administration indicates bill provisions are not anticipated to have a significant fiscal implication for the court system. 

Bill Analysis

This bill would allow a person who was found incompetent to stand trial and committed to a mental institution to be credited with time served prior to being committed to a mental facility or treatment program. This would effectively lower the maximum amount of time such a person could be committed to an institution or treatment program due to a finding of incompetency to stand trial.

Vote Recommendation Notes

While there may be some individual liberty benefits under the provisions of this bill for people who have been found incompetent to stand trial, the bill may also prevent such people from being fully held responsible for their actions. For these reasons we remain neutral on SB 1326.

Organizations Supporting

Texas Criminal Defense Lawyers Association