By Chisum                                              H.B. No. 232
       74R489 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the insanity defense and the admissibility of evidence
    1-3  of mental disease or defect in a criminal case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 6, Penal Code, is amended by adding
    1-6  Section 6.05 to read as follows:
    1-7        Sec. 6.05.  EVIDENCE OF MENTAL DISEASE OR DEFECT.  (a)
    1-8  Evidence that the defendant suffered from a mental disease or
    1-9  defect is admissible to prove that the defendant did or did not
   1-10  have a culpable mental state that is an element of the offense.
   1-11        (b)  The term "mental disease or defect" does not include an
   1-12  abnormality manifested only by repeated criminal or otherwise
   1-13  antisocial conduct.
   1-14        SECTION 2.  Article 27.17, Code of Criminal Procedure, is
   1-15  amended to read as follows:
   1-16        Art. 27.17.  PLEA OF NOT GUILTY CONSTRUED.  The plea of not
   1-17  guilty shall be construed to be a denial of every material
   1-18  allegation in the indictment or information.  Under this plea,
   1-19  evidence to establish <the insanity of defendant, and> every fact
   1-20  whatever tending to acquit the defendant <him> of the accusation
   1-21  may be introduced, except such facts as are proper for a special
   1-22  plea under Article 27.05.
   1-23        SECTION 3.  The following laws are repealed:
   1-24              (1)  Section 8.01, Penal Code;
    2-1              (2)  Article 46.03, Code of Criminal Procedure; and
    2-2              (3)  Section 3(i), Article 46.02, Code of Criminal
    2-3  Procedure.
    2-4        SECTION 4.  (a)  The change in law made by this Act applies
    2-5  only to a defendant prosecuted for an offense committed on or after
    2-6  the effective date of this Act.  For purposes of this section, an
    2-7  offense is committed before the effective date of this Act if any
    2-8  element of the offense occurs before the effective date.
    2-9        (b)  A defendant prosecuted for an offense committed before
   2-10  the effective date of this Act is covered by the law in effect when
   2-11  the offense was committed, and the former law is continued in
   2-12  effect for this purpose.
   2-13        SECTION 5.  This Act takes effect September 1, 1995.
   2-14        SECTION 6.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.