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A BILL TO BE ENTITLED
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AN ACT
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relating to certain evidentiary presumptions and burdens of proof |
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in determining a defendant's incompetency to stand trial or a |
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defendant's insanity in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.003, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The presumption of the defendant's competency and the |
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burden of proof to establish the defendant's incompetency as |
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described by Subsection (b) each apply in the trial of the case |
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regardless of any finding of the defendant's incompetency to stand |
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trial in a previous case. |
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SECTION 2. Article 46C.153, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The burden of proof described by Subsection (a)(2) |
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applies in a defendant's case regardless of any previous acquittal |
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of the defendant by reason of insanity or another prior judgment of |
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a court indicating the defendant's lack of sanity. |
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SECTION 3. The changes in law made by this Act apply only to |
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a trial or case relating to an offense committed on or after the |
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effective date of this Act. A trial or case relating to an offense |
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committed before the effective date of this Act is governed by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |