SRC-DPW H.B. 245 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 245
76R10557 GWK-DBy: Gallego (Ellis)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

The United States Supreme Court held that the United States Constitution
requires that an inmate sentenced to death be mentally competent to be
executed. H.B. 245 prohibits the state from executing a person sentenced to
death if the person is mentally incompetent and establishes a procedure to
determine the person's level of mental competency.  

PURPOSE

As proposed, H.B. 245 establishes procedures for determining whether a
defendant sentenced to death is incompetent for purposes of execution. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 46, Code of Criminal Procedure, by adding Article
46.04, as follows:  

Art. 46.04. COMPETENCY TO BE EXECUTED. Prohibits a person who is
incompetent to be executed from being executed.  Provides that the trial
court retains jurisdiction over motions brought by or for a defendant under
this article.  Requires the trial court to order at least two mental health
experts to examine a defendant using the standard described by Subsection
(d) to determine whether the defendant is incompetent to be executed if the
attorneys representing the state or the defendant, or the trial court on
its own motion raises the issue of the defendant's incompetency to be
executed. Provides that a defendant is incompetent to be executed if the
defendant does not understand that the defendant is to be executed, the
imminence of the execution, and the reason why the execution is to take
place. Requires mental health experts examining a defendant under this
article to provide within a time ordered by the court copies of their
reports to the attorneys representing the state or the defendant and the
court.  Prohibits the defendant from being executed if, on the basis of the
reports provided by mental health experts, the court finds the defendant
incompetent to be executed. Requires the trial court to periodically order
the convicted person to be reexamined by mental health experts to determine
whether the convicted person is no longer incompetent to be executed.
Authorizes the trial court to set an execution date as otherwise provided
by law if, on the basis of reports issued by mental health experts, the
court finds that the defendant is not incompetent to be executed.  

SECTION 2. Effective date: September 1, 1999. 

SECTION 3. Emergency clause.