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If a court orders that a defendant charged with a misdemeanor punishable by confinement be committed to a mental hospital or other inpatient or residential facility, participate in an outpatient treatment program, or be subjected to both inpatient and outpatient treatment, and the defendant is not tried before the expiration of the maximum period of restoration described by Article 46B.0095: (1) on the motion of the attorney representing the state, the court shall dismiss the charge; or (2) on the motion of the attorney representing the defendant and notice to the attorney representing the state, the court: (A) shall set the matter to be heard not later than the 10th day after the date of filing of the motion; and (B) may dismiss the charge on a finding that the defendant was not tried before the expiration of the maximum period of restoration.
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Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1307 , Sec. 2, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 822 , Sec. 5, eff. September 1, 2011. |
