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.