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 The following laws are repealed: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.