By Gallego, Naishtat H.B. No. 245 76R10557 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the procedures for determining whether a defendant 1-3 sentenced to death is incompetent for purposes of execution. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 46, Code of Criminal Procedure, is 1-6 amended by adding Article 46.04 to read as follows: 1-7 Art. 46.04. COMPETENCY TO BE EXECUTED. (a) A person who is 1-8 incompetent to be executed may not be executed. 1-9 (b) The trial court retains jurisdiction over motions 1-10 brought by or for a defendant under this article. 1-11 (c) If the attorney representing the state, the attorney 1-12 representing the defendant, or the trial court on its own motion 1-13 raises the issue as to whether a defendant is incompetent to be 1-14 executed, the trial court shall order at least two mental health 1-15 experts to examine the defendant and using the standard described 1-16 by Subsection (d) determine whether the defendant is incompetent to 1-17 be executed. 1-18 (d) A defendant is incompetent to be executed if the 1-19 defendant does not understand: 1-20 (1) that he or she is to be executed and that the 1-21 execution is imminent; and 1-22 (2) the reason he or she is being executed. 1-23 (e) Mental health experts who examine a defendant under this 1-24 article shall provide within a time ordered by the court copies of 2-1 their reports to the attorney representing the state, the attorney 2-2 representing the defendant, and the court. 2-3 (f) If on the basis of reports provided by mental health 2-4 experts under this article the court finds the defendant is 2-5 incompetent to be executed, the defendant may not be executed. The 2-6 trial court periodically shall order that the convicted person be 2-7 reexamined by mental health experts to determine whether the 2-8 convicted person is no longer incompetent to be executed. 2-9 (g) If on the basis of reports issued by mental health 2-10 experts under this article the court finds that the defendant is 2-11 not incompetent to be executed, the trial court may set an 2-12 execution date as otherwise provided by law. 2-13 SECTION 2. This Act takes effect September 1, 1999. 2-14 SECTION 3. 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.