By Chisum                                               H.B. No. 15

      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  The following laws are repealed: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.