By Shapiro                                             S.B. No. 421
         76R3034 PEP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a determination of mental competency in the prosecution
 1-3     of criminal cases and to the disposition of defendants found to be
 1-4     incompetent before trial or after conviction.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 46.02, Code of Criminal Procedure, is
 1-7     amended by redesignating Section 1 as Section 1A and adding a new
 1-8     Section 1 to read as follows:
 1-9           Sec. 1.  DEFINITION.  In this article, "residential care
1-10     facility" has the meaning assigned by Section 591.003, Health and
1-11     Safety Code.
1-12           Sec. 1A [1].  INCOMPETENCY TO STAND TRIAL.  (a)  A person is
1-13     incompetent to stand trial if he does not have:
1-14                 (1)  sufficient present ability to consult with his
1-15     lawyer with a reasonable degree of rational understanding; or
1-16                 (2)  a rational as well as factual understanding of the
1-17     proceedings against him.
1-18           (b)  A defendant is presumed competent to stand trial and
1-19     shall be found competent to stand trial unless proved incompetent
1-20     by a preponderance of the evidence.
1-21           SECTION 2.  Sections 3(d) and (e), Article 46.02, Code of
1-22     Criminal Procedure, are amended to read as follows:
1-23           (d)  A written report of the examination shall be submitted
1-24     to the court within 30 days of the order of examination, and the
 2-1     court shall furnish copies of the report to the defense counsel and
 2-2     the prosecuting attorney.  The report shall include a description
 2-3     of the procedures used in the examination, the examiner's
 2-4     observations and findings pertaining to the defendant's competency
 2-5     to stand trial, and the recommended treatment.  If the examiner
 2-6     concludes that the defendant is incompetent to stand trial, the
 2-7     report shall include the examiner's observations and findings about
 2-8     whether there is a substantial probability that the defendant will
 2-9     attain the competence to stand trial in the foreseeable future.
2-10     The examiner shall also submit a separate report setting forth the
2-11     examiner's [his] observations and findings concerning:
2-12                 (1)  whether the defendant is a person with mental
2-13     illness and meets the criteria for court-ordered inpatient mental
2-14     health services under Subtitle C, Title 7, Health and Safety Code
2-15     [mentally ill and is likely to cause serious harm to himself or
2-16     others or will, if not treated, continue to suffer severe and
2-17     abnormal mental, emotional, or physical distress and will continue
2-18     to experience deterioration of his ability to function
2-19     independently and is unable to make a rational and informed
2-20     decision as to whether or not to submit to treatment]; or
2-21                 (2)  whether the defendant is a person with mental
2-22     retardation and meets the criteria for commitment to a residential
2-23     care facility under Subtitle D, Title 7, Health and Safety Code
2-24     [mentally retarded person as defined in the Mentally Retarded
2-25     Persons Act of 1977 (Article 5547-300, Vernon's Texas Civil
2-26     Statutes) and, because of retardation, represents a substantial
2-27     risk of physical impairment or injury to himself or others or is
 3-1     unable to provide for and is not providing for his most basic
 3-2     physical needs and requires commitment to a mental retardation
 3-3     facility because he cannot be adequately and appropriately
 3-4     habilitated in an available, less restrictive setting].
 3-5           (e)  If the examiner is a physician and concludes that the
 3-6     defendant is a person with mental illness [mentally ill], the
 3-7     examiner [he] shall complete and submit to the court a Certificate
 3-8     of Medical Examination for Mental Illness.  If the examiner is a
 3-9     physician or a licensed psychologist and determines [concludes]
3-10     that the defendant is a person with mental retardation [mentally
3-11     retarded person] and if the determination [examination] has been
3-12     made in accordance with the standards established by Section
3-13     593.005, Health and Safety Code [conducted at a facility of the
3-14     Texas Department of Mental Health and Mental Retardation or at a
3-15     diagnostic center approved by the Texas Department of Mental Health
3-16     and Mental Retardation], the examiner shall submit to the court an
3-17     affidavit setting forth the conclusions reached as a result of the
3-18     [diagnostic] examination.
3-19           SECTION 3.  Sections 4(a), (h), and (i), Article 46.02, Code
3-20     of Criminal Procedure, are amended to read as follows:
3-21           (a)  If the court determines that there is evidence to
3-22     support a finding of incompetency to stand trial, a jury shall be
3-23     impaneled to determine the defendant's competency to stand trial.
3-24     This determination shall be made by a jury that has not been
3-25     selected to determine the guilt or innocence of the defendant.  If
3-26     the defendant is found incompetent to stand trial, a further
3-27     hearing may be held to determine whether or not the defendant:
 4-1                 (1)  is a person with mental illness and meets the
 4-2     criteria for court-ordered inpatient mental health services under
 4-3     Subtitle C, Title 7, Health and Safety Code [mentally ill and is
 4-4     likely to cause serious harm to himself or others or will, if not
 4-5     treated, continue to suffer severe and abnormal mental, emotional,
 4-6     or physical distress and will continue to experience deterioration
 4-7     of his ability to function independently and is unable to make a
 4-8     rational and informed decision as to whether or not to submit to
 4-9     treatment, and therefore requires in-patient mental health
4-10     services]; or
4-11                 (2)  is a person with mental retardation and meets the
4-12     criteria for commitment to a residential care facility under
4-13     Subtitle D, Title 7, Health and Safety Code [mentally retarded
4-14     person as defined in the  Mentally Retarded Persons Act of 1977
4-15     (Article 5547-300, Vernon's Texas Civil Statutes), and, because of
4-16     retardation, represents a substantial risk of physical impairment
4-17     or injury to himself or others, or is unable to provide for and is
4-18     not providing for his most basic physical needs and requires
4-19     commitment to a mental retardation facility because he cannot be
4-20     adequately and appropriately habilitated in an available, less
4-21     restrictive setting].
4-22           (h)  If the defendant is found incompetent to stand trial and
4-23     there is found no substantial probability that the defendant [he]
4-24     will become competent within the foreseeable future, and the court
4-25     determines there is evidence that the defendant is a person with
4-26     mental illness or mental retardation [mentally ill or is a mentally
4-27     retarded person], and all charges pending against the defendant are
 5-1     not then dismissed, the court shall proceed under Section 6 of this
 5-2     article or shall release the defendant.
 5-3           (i)  If the defendant is found incompetent to stand trial and
 5-4     there is found no substantial probability that the defendant [he]
 5-5     will become competent within the foreseeable future, and the court
 5-6     determines there is evidence that the defendant is a person with
 5-7     mental illness or mental retardation [mentally ill or is a mentally
 5-8     retarded person], and all charges pending against the defendant are
 5-9     then dismissed, the court shall proceed under Section 7 of this
5-10     article or shall release the defendant.
5-11           SECTION 4.  Sections 5(a), (b), and (i), Article 46.02, Code
5-12     of Criminal Procedure, are amended to read as follows:
5-13           (a)  When a defendant has been determined incompetent to
5-14     stand trial for a [any] felony [or for a misdemeanor] because of
5-15     mental illness or mental retardation, and absent a determination
5-16     that there is no substantial probability that the defendant will
5-17     attain competency to stand trial in the foreseeable future, the
5-18     court shall enter an order committing the defendant to the maximum
5-19     security unit of any facility designated by the Texas Department of
5-20     Mental Health and Mental Retardation, to an agency of the United
5-21     States operating a mental hospital, or to a Veterans Administration
5-22     hospital for a period not to exceed 18 months.  When a defendant
5-23     has been determined incompetent to stand trial for a misdemeanor
5-24     because of mental illness, and absent a determination that there is
5-25     no substantial probability that the defendant will attain
5-26     competency to stand trial in the foreseeable future, the court
5-27     shall enter an order committing the defendant to the mental health
 6-1     facility designated by the Commissioner of Mental Health and Mental
 6-2     Retardation to serve the catchment area in which the committing
 6-3     court is located for a period not to exceed 18 months.  When a
 6-4     defendant has been determined incompetent to stand trial for a
 6-5     misdemeanor because of mental retardation, and absent a
 6-6     determination that there is no substantial probability that the
 6-7     defendant will attain competency to stand trial in the foreseeable
 6-8     future, the court shall enter an order committing the defendant to
 6-9     a residential care facility designated by the Commissioner of
6-10     Mental Health and Mental Retardation for a period not to exceed 18
6-11     months.  An order issued under this subsection shall also place the
6-12     defendant in the custody of the sheriff for transportation to the
6-13     facility to be confined in the facility [therein] for further
6-14     examination and treatment toward the specific objective of
6-15     attaining competency to stand trial.  The court shall order that a
6-16     transcript of all medical testimony received by the jury be
6-17     forthwith prepared by the court reporter and that the [such]
6-18     transcript, together with a statement of the facts and
6-19     circumstances surrounding the alleged offense, shall accompany the
6-20     patient to the facility.
6-21           (b)  No person shall be committed to a mental health or
6-22     residential care [mental retardation] facility under this section
6-23     except on competent medical or psychiatric testimony.
6-24           (i)  When the head of a facility to which the defendant is
6-25     committed discharges the defendant and the defendant is returned to
6-26     court, a final report shall be filed with the court documenting the
6-27     applicable reason for the discharge [therefor] under Subsection (f)
 7-1     of this section, and the court shall furnish copies to the defense
 7-2     counsel and the prosecuting attorney.  If the head of the [such]
 7-3     facility is of the opinion that the defendant is a person with
 7-4     mental illness and meets the criteria for court-ordered inpatient
 7-5     mental health services under Subtitle C, Title 7, Health and Safety
 7-6     Code, the head of the facility shall cause to have completed and
 7-7     submitted [mentally ill and is likely to cause serious harm to
 7-8     himself or others or will, if not treated, continue to suffer
 7-9     severe and abnormal mental, emotional, or physical distress and
7-10     will continue to experience deterioration of his ability to
7-11     function independently and is unable to make a rational and
7-12     informed decision as to whether or not to submit to treatment and
7-13     therefore requires in-patient mental health services, he shall
7-14     complete and submit] to the court a Certificate of Medical
7-15     Examination for Mental Illness.  If the head of the [such] facility
7-16     is of the opinion that the defendant is a person with mental
7-17     retardation, as defined by Section 591.003, Health and Safety Code,
7-18     the head of the facility shall cause to be submitted [mentally
7-19     retarded, he shall submit] to the court an affidavit setting forth
7-20     the conclusions reached as a result of the [diagnostic]
7-21     examination.  When the report is filed with the court, the court is
7-22     authorized to make a determination based solely on the report with
7-23     regard to the defendant's competency to stand trial, unless the
7-24     prosecuting attorney or the defense counsel objects in writing or
7-25     in open court to the findings of the report within 15 days from the
7-26     time the report is served on the parties.  In the event of
7-27     objection, the issue shall be set for a hearing before the court
 8-1     or, on motion by the defendant, the defense [his] counsel, the
 8-2     prosecuting attorney, or the court, the hearing shall be held
 8-3     before a jury.  The hearing shall be held within 30 days following
 8-4     the date of objection unless continued for good cause.
 8-5           SECTION 5.  Section 6, Article 46.02, Code of Criminal
 8-6     Procedure, is amended to read as follows:
 8-7           Sec. 6.  CIVIL COMMITMENT--CHARGES PENDING.  (a)  If a
 8-8     defendant is found incompetent to stand trial and there is found no
 8-9     substantial probability that the defendant [he] will become
8-10     competent in the foreseeable future, or if the defendant is found
8-11     incompetent to stand trial and the defendant [he] has been
8-12     previously committed to a facility under Subsection (a) of Section
8-13     5 of this article in connection with the same offense, and, in
8-14     either event, all charges pending against the defendant are not
8-15     then dismissed, the court shall determine whether there is evidence
8-16     to support findings that the defendant is a person with mental
8-17     illness or a person with mental retardation [mentally ill or is
8-18     mentally retarded] and requires commitment to a mental health or
8-19     residential care [mental retardation] facility.
8-20           (b)  If it appears to the court that the defendant may be a
8-21     person with mental illness [mentally ill] and there is on file with
8-22     the court Certificates of Medical Examination for Mental Illness by
8-23     two physicians, at least one of whom must not be employed by the
8-24     Texas Department of Mental Health and Mental Retardation, who have
8-25     examined the defendant within 30 days of the date of the commitment
8-26     hearing, the court shall impanel a jury to determine whether the
8-27     defendant shall be committed to a mental health facility or the
 9-1     [such] hearing may be held before the jury impaneled to determine
 9-2     the defendant's competency to stand trial.
 9-3                 (1)  If there has not been filed with the court the
 9-4     required [two such] Certificates of Medical Examination for Mental
 9-5     Illness, the judge shall appoint the necessary physicians, at least
 9-6     one of whom shall be a psychiatrist, if one is available in the
 9-7     county, to examine the defendant and file certificates with the
 9-8     court.  The judge may order the defendant to submit to the
 9-9     examination.
9-10                 (2)  Proceedings [The Texas Mental Health Code (Article
9-11     5547-1 et seq., Vernon's Texas Civil Statutes) shall govern
9-12     proceedings] for commitment of the defendant to a mental health
9-13     facility are governed by Subtitle C, Title 7, Health and Safety
9-14     Code, to the extent that subtitle applies [insofar as the
9-15     provisions of that code are applicable] and does not [in] conflict
9-16     with this article [herewith], except that the criminal court shall
9-17     conduct the proceedings whether or not the criminal court is also
9-18     the county court.
9-19                 (3)  If the defendant has not been under observation or
9-20     [and/or] treatment in a mental hospital for at least 60 days under
9-21     [the provisions of] Section 5(a) of this article [above] or under
9-22     an Order of Temporary Commitment under Subtitle C, Title 7, Health
9-23     and Safety Code, [pursuant to the provisions of the Texas Mental
9-24     Health Code (Article 5547-1 et seq., Vernon's Texas Civil
9-25     Statutes)] within the 12 months immediately preceding the date of
9-26     the hearing, the instructions submitting the issue shall be framed
9-27     to require the jury to state in its verdict whether the defendant
 10-1    is a person with mental illness and whether the defendant meets the
 10-2    criteria for court-ordered inpatient mental health services under
 10-3    Subtitle C, Title 7, Health and Safety Code [mentally ill, and if
 10-4    so:]
 10-5                      [(i)  is likely to cause serious harm to himself;]
 10-6                      [(ii)  is likely to cause serious harm to others;
 10-7    or]
 10-8                      [(iii)  will, if not treated, continue to suffer
 10-9    severe and abnormal mental, emotional, or physical distress and
10-10    will continue to experience deterioration of his ability to
10-11    function independently and is unable to make a rational and
10-12    informed decision as to whether or not to submit to treatment].
10-13                (4)  If the jury finds under Subdivision (3) that the
10-14    defendant is not a person with mental illness [mentally ill] or
10-15    does not meet the criteria for court-ordered inpatient mental
10-16    health services, the court shall order the immediate release of the
10-17    defendant.
10-18                If the jury finds under Subdivision (3) that the
10-19    defendant is a person with mental illness [mentally ill] and meets
10-20    the criteria for court-ordered inpatient mental health services,
10-21    the court shall order that the defendant be committed to a state
10-22    mental hospital for inpatient [in-patient] care for a period not
10-23    exceeding 90 days.
10-24                (5)  If the defendant has been under observation or
10-25    [and/or] treatment in a mental hospital for at least 60 days under
10-26    [the provisions of] Section 5(a) of this article [above] or under
10-27    an Order of Temporary Commitment under Subtitle C, Title 7, Health
 11-1    and Safety Code, [pursuant to the provisions of the Texas Mental
 11-2    Health Code (Article 5547-1 et seq., Vernon's Texas Civil
 11-3    Statutes)] within the 12 months immediately preceding the date of
 11-4    the hearing, the instructions submitting the issue shall be framed
 11-5    to require the jury to state in its verdict whether the defendant
 11-6    is a person with mental illness and whether the defendant meets the
 11-7    criteria for court-ordered inpatient mental health services under
 11-8    Subtitle C, Title 7, Health and Safety Code [mentally ill, and if
 11-9    so:]
11-10                      [(i)  is likely to cause serious harm to himself;]
11-11                      [(ii)  is likely to cause serious harm to others;
11-12    or]
11-13                      [(iii)  will, if not treated, continue to suffer
11-14    severe and abnormal mental, emotional, or physical distress and
11-15    will continue to experience deterioration of his ability to
11-16    function independently and is unable to make a rational and
11-17    informed decision as to whether or not to submit to treatment].
11-18                (6)  If the jury finds under Subdivision (5) that the
11-19    defendant is not a person with mental illness [mentally ill] or
11-20    that the defendant [he] does not meet the criteria for
11-21    court-ordered inpatient mental health services, the court shall
11-22    enter an order discharging the defendant.
11-23                If the jury finds under Subdivision (5) that the
11-24    defendant is a person with mental illness [mentally ill] and meets
11-25    the criteria for court-ordered inpatient mental health services,
11-26    the court shall order that the defendant be committed as a patient
11-27    to a state mental hospital for inpatient [in-patient] care for a
 12-1    period not to exceed 12 months.
 12-2                (7)  If the court enters an order committing the
 12-3    defendant to a state mental hospital, the defendant shall be
 12-4    treated and released in conformity with Subtitle C, Title 7, Health
 12-5    and Safety Code, [to the Texas Mental Health Code] except as may be
 12-6    provided in this article.
 12-7          (c)  If it appears to the court that the defendant may be a
 12-8    person with mental retardation [mentally retarded] and there is on
 12-9    file with the court a determination of mental retardation made in
12-10    accordance with the standards established by Section 593.005,
12-11    Health and Safety Code [an Affidavit of Examination of Alleged
12-12    Mentally Retarded Person based upon an examination conducted at a
12-13    facility of the Texas Department of Mental Health and Mental
12-14    Retardation or at a diagnostic center approved by that department],
12-15    the court shall impanel a jury to determine whether the defendant
12-16    is a person with mental retardation [mentally retarded person] or
12-17    the [such] hearing may be held before the jury impaneled to
12-18    determine the defendant's competency to stand trial.
12-19                (1)  If that determination [such affidavit] is not on
12-20    file with the court, the judge shall arrange for the [such
12-21    diagnostic] examination of the defendant by a facility of the Texas
12-22    Department of Mental Health and Mental Retardation or by a local
12-23    mental health and mental retardation authority [diagnostic center]
12-24    approved by that department.  The judge may order the defendant to
12-25    submit to the examination.  The county shall reimburse the facility
12-26    or authority that [center which] conducts the examination for the
12-27    reasonable and necessary expenses incurred in conducting the [such]
 13-1    examination.
 13-2                (2)  Proceedings [The Mentally Retarded Persons Act of
 13-3    1977 (Article 5547-300, Vernon's Texas Civil Statutes) shall govern
 13-4    proceedings] for commitment of the defendant to a residential care
 13-5    [mental retardation] facility are governed by Subtitle D, Title 7,
 13-6    Health and Safety Code, to the extent that subtitle applies
 13-7    [insofar as the provisions of that Act are applicable] and does not
 13-8    [in] conflict with this article [herewith],  except that the
 13-9    criminal court shall conduct the proceedings whether or not the
13-10    criminal court is also a county court.
13-11                (3)  The instructions submitting the issue of mental
13-12    retardation to the jury shall be framed to require the jury to
13-13    state in its verdict whether the defendant is a person with mental
13-14    retardation [mentally retarded person] as defined by Section
13-15    591.003, Health and Safety Code [in the Mentally Retarded Persons
13-16    Act of 1977 (Article 5547-300, Vernon's Texas Civil Statutes)], and
13-17    if so, whether the defendant meets the criteria for commitment to a
13-18    residential care facility[:]
13-19                      [(i)  because of retardation, represents a
13-20    substantial risk of physical impairment or injury to himself or
13-21    others or is unable to provide for and is not providing for his
13-22    most basic physical needs;]
13-23                      [(ii)  cannot be adequately and appropriately
13-24    habilitated in an available, less restrictive setting; and]
13-25                      [(iii)  the mental retardation facility provides
13-26    habilitative services, care, training, and treatment appropriate
13-27    for his needs].
 14-1                (4)  If the jury finds that the defendant is not a
 14-2    person with mental retardation [mentally retarded person] as
 14-3    defined by Section 591.003, Health and Safety Code [in the Mentally
 14-4    Retarded Persons Act of 1977 (Article 5547-300, Vernon's Texas
 14-5    Civil Statutes)], or that the defendant [he] does not meet the
 14-6    criteria for commitment to a residential care [mental retardation]
 14-7    facility, the court shall enter an order discharging the defendant.
 14-8                (5)  If the jury finds that the defendant is a person
 14-9    with mental retardation [mentally retarded person] as defined by
14-10    Section 591.003, Health and Safety Code [in the Mentally Retarded
14-11    Persons Act of 1977 (Article 5547-300, Vernon's Texas Civil
14-12    Statutes)], and meets the criteria for commitment to a residential
14-13    care [mental retardation] facility, the court shall enter an order
14-14    declaring that fact and that the person is committed to a
14-15    residential care [mental retardation] facility of the Texas
14-16    Department of Mental Health and Mental Retardation.
14-17                (6)  If the court enters an order committing the
14-18    defendant to a residential care [mental retardation] facility of
14-19    the Texas Department of Mental Health and Mental Retardation, the
14-20    defendant shall be treated and released in accordance with Subtitle
14-21    D, Title 7, Health and Safety Code [the Mentally Retarded Persons
14-22    Act of 1977 (Article 5547-300, Vernon's Texas Civil Statutes)],
14-23    except as otherwise provided by this article.
14-24          (d)  In the proceedings conducted under this section:
14-25                (1)  an application [no Application] for court-ordered
14-26    temporary or extended mental health services or [Application] to
14-27    have the defendant declared a person with mental retardation may
 15-1    not [mentally retarded person shall] be required;
 15-2                (2)  the provisions of Subtitles C and D, Title 7,
 15-3    Health and Safety Code, [the Texas Mental Health Code and the
 15-4    Mentally Retarded Persons Act of 1977] relating to notice of
 15-5    hearing do not apply [shall not be applicable];
 15-6                (3)  appeals from the criminal court proceedings under
 15-7    this section shall be to the court of appeals as in the proceedings
 15-8    for court-ordered inpatient mental health services under Subtitle
 15-9    C, Title 7, Health and Safety Code, [the Texas Mental Health Code]
15-10    or for commitment to a residential care [mental retardation]
15-11    facility under Subtitle D, Title 7, Health and Safety Code [the
15-12    Mentally Retarded Persons Act of 1977].
15-13          SECTION 6.  Section 7, Article 46.02, Code of Criminal
15-14    Procedure, is amended to read as follows:
15-15          Sec. 7.  CIVIL COMMITMENT--CHARGES DISMISSED.  If a defendant
15-16    is found incompetent to stand trial and there is found no
15-17    substantial probability that the defendant [he] will become
15-18    competent in the foreseeable future, or if the defendant is found
15-19    incompetent to stand trial and the defendant [he] has been
15-20    previously committed to a facility under Section 5 of this article
15-21    and all charges pending against the defendant are then dismissed,
15-22    the court shall determine whether there is evidence to support a
15-23    finding [findings] that the defendant is either a person with
15-24    mental illness [mentally ill] or [is] a person with mental
15-25    retardation [mentally retarded person].  If it appears to the court
15-26    that there is evidence to support either finding [of such
15-27    findings], the court shall enter an order transferring the
 16-1    defendant to the appropriate court for civil commitment
 16-2    proceedings, stating that all charges pending against the defendant
 16-3    in that court have been dismissed, and may order the defendant
 16-4    detained in jail or other suitable place pending the prompt
 16-5    initiation and prosecution by the attorney for the state or other
 16-6    person designated by the court of appropriate civil proceedings to
 16-7    determine whether the defendant will be committed to a mental
 16-8    health or residential care [mental retardation] facility; provided,
 16-9    however, that a patient placed in a facility of the Texas
16-10    Department of Mental Health and Mental Retardation pending civil
16-11    hearing under this section may be detained in that [such] facility
16-12    only pursuant to an Order of Protective Custody issued under
16-13    Subtitle C, Title 7, Health and Safety Code, [pursuant to the
16-14    provisions of the Texas Mental Health Code] and with the consent of
16-15    the head of the facility, or the court may give the defendant into
16-16    the care of a responsible person on satisfactory security being
16-17    given for the defendant's [his] proper care and protection;
16-18    otherwise, the defendant shall be discharged.
16-19          SECTION 7.  Section 8, Article 46.02, Code of Criminal
16-20    Procedure, is amended to read as follows:
16-21          Sec. 8.  GENERAL.  (a)  A person committed to a mental health
16-22    or residential care [mental retardation] facility as a result of
16-23    the proceedings initiated pursuant to Section 6 or Section 7 of
16-24    this article and who presently has felony charges pending against
16-25    the person [him] or has had felony charges against the person [him]
16-26    dismissed pursuant to Section 7 of this article shall be committed
16-27    to the maximum security unit of any facility designated by the
 17-1    Texas Department of Mental Health and Mental Retardation.  Within
 17-2    60 days following arrival at the maximum security unit, the person
 17-3    shall be transferred to a nonsecurity unit or to a community
 17-4    program of a mental health or residential care [mental retardation]
 17-5    facility or a community mental health and mental retardation center
 17-6    designated by the Texas Department of Mental Health and Mental
 17-7    Retardation unless the person is determined to be manifestly
 17-8    dangerous by a review board with the Texas Department of Mental
 17-9    Health and Mental Retardation.  The Commissioner of Mental Health
17-10    and Mental Retardation shall appoint a review board of five
17-11    members, including one psychiatrist licensed to practice medicine
17-12    in the State of Texas and two persons who work directly with
17-13    persons with mental illness or mental retardation [mental health
17-14    patients or mentally retarded clients], to determine whether the
17-15    person is manifestly dangerous and, as a result of the danger the
17-16    person [which he]  presents, requires continued placement in a
17-17    maximum security unit.  The review board shall make no
17-18    determination as to the person's need for treatment.  A finding
17-19    that the person is not manifestly dangerous is not a medical
17-20    determination that the person no longer meets the criteria for
17-21    involuntary civil commitment under Subtitle C or D, Title 7, Health
17-22    and Safety Code [the Texas Mental Health Code (Article 5547-1 et
17-23    seq., Vernon's Texas Civil Statutes) or the Mentally Retarded
17-24    Persons Act of 1977 (Article 5547-300, Vernon's Texas Civil
17-25    Statutes)].  If the superintendent of the facility at which the
17-26    maximum security unit is located disagrees with the determination,
17-27    then the matter will be referred to the Commissioner of Mental
 18-1    Health and Mental Retardation who will resolve the disagreement by
 18-2    deciding whether the person is manifestly dangerous.  A person
 18-3    committed to a mental health facility as a result of the
 18-4    proceedings initiated pursuant to Section 6 or Section 7 of this
 18-5    article who presently has misdemeanor charges pending against the
 18-6    person [him] or has had misdemeanor charges against the person
 18-7    [him] dismissed pursuant to  Section 7 of this article shall be
 18-8    committed to the mental health facility which is designated by the
 18-9    Commissioner of Mental Health and Mental Retardation to serve the
18-10    catchment area in which the committing court is located.  A person
18-11    committed to a residential care [mental retardation] facility as a
18-12    result of the proceedings initiated pursuant to Section 6 or 7 of
18-13    this article and who presently has misdemeanor charges pending
18-14    against or has had misdemeanor charges against the person [him]
18-15    dismissed pursuant to Section 7 of this article shall be committed
18-16    to a  [the maximum security unit of any] facility designated by the
18-17    Texas Department of Mental Health and Mental Retardation [for a
18-18    maximum of 60 days pending placement in a nonsecurity facility].
18-19          (b)  The court shall order that a transcript of all medical
18-20    testimony received in both the criminal proceedings and the civil
18-21    commitment proceedings be prepared forthwith by the court reporters
18-22    and that the [such] transcripts, together with a statement of the
18-23    facts and circumstances surrounding the alleged offense, shall
18-24    accompany the patient to the mental health or residential care
18-25    [mental retardation] facility.
18-26          (c)  If the head of a mental health facility determines that
18-27    a patient committed to a state mental hospital for a period not
 19-1    exceeding 90 days as a result of proceedings initiated pursuant to
 19-2    Section 6 or Section 7 of this article requires extended
 19-3    court-ordered inpatient mental health services, the head of the
 19-4    facility [he] shall notify the court from which the patient was
 19-5    committed in writing at least 30 days prior to the expiration of
 19-6    the temporary commitment.  The court from which the patient was
 19-7    committed shall order the sheriff of the county in which the court
 19-8    is located to return the patient for a hearing on court-ordered
 19-9    inpatient mental health services or shall make arrangements for the
19-10    hearing to be held in an appropriate court of the county in which
19-11    the patient is hospitalized.  Provided, however, that if the
19-12    patient has not received a hearing on court-ordered inpatient
19-13    mental health services by the date on which the temporary
19-14    commitment expires, the head of the facility in which the patient
19-15    is hospitalized shall cause the patient to be immediately
19-16    transported to the committing court and placed in the custody of
19-17    the sheriff of the county in which the court is located.  That
19-18    county shall reimburse the facility of the Texas Department of
19-19    Mental Health and Mental Retardation for the mileage and per diem
19-20    expenses of the personnel required to transport the defendant
19-21    calculated in accordance with the state travel regulations in
19-22    effect at the time.
19-23          (d)  The head of a mental health or residential care [mental
19-24    retardation] facility to which a person has been committed or
19-25    transferred as a result of the proceedings initiated pursuant to
19-26    Section 6 of this article and who has received written notice from
19-27    a court or prosecuting attorney that criminal charges are pending
 20-1    against the person shall notify the court in writing at least 14
 20-2    days prior to the discharge of the person unless the notice
 20-3    provided for in Subsection (c) of this section [above] has been
 20-4    given.  A written report as to the competency of the person to
 20-5    stand trial shall accompany the notice of discharge.
 20-6          (e)  On written notice by the head of a mental health or
 20-7    residential care [mental retardation] facility that in the [his]
 20-8    opinion of the head of the facility, a person who has been  civilly
 20-9    committed to that facility and against whom criminal charges are
20-10    pending is competent to stand trial, or on good cause shown by the
20-11    defendant, the defense [his] counsel, or the prosecuting attorney,
20-12    the court in which the criminal charges are pending may hold a
20-13    hearing to determine the competency of the defendant to stand
20-14    trial.  The hearing shall be before a jury unless waived by
20-15    agreement of the parties.  The order setting the hearing shall
20-16    order the defendant placed in the custody of the sheriff for
20-17    transportation to the court.  The court may appoint disinterested
20-18    experts to examine the defendant in accordance with the provisions
20-19    of Section 3 of this article.  If the defendant is found to be
20-20    competent to stand trial, the proceedings on the criminal charges
20-21    may be continued.  If the defendant is found incompetent to stand
20-22    trial and is under an order of commitment to a mental health or
20-23    residential care [mental retardation] facility, the court shall
20-24    order the defendant [him] placed in the custody of the sheriff for
20-25    transportation to that facility.  If the defendant is found
20-26    incompetent to stand trial and has been discharged from a mental
20-27    health or residential care [mental retardation] facility, the court
 21-1    may civilly recommit the person under Subtitle C or D, Title 7,
 21-2    Health and Safety Code [pursuant to the provisions of the Texas
 21-3    Mental Health Code, as amended (Article 5547-1 et seq., Vernon's
 21-4    Texas Civil Statutes), or pursuant to the provisions of the
 21-5    Mentally Retarded Persons Act of 1977, as amended (Article
 21-6    5547-300, Vernon's Texas Civil Statutes)].  The [Such a]
 21-7    recommitment shall be made to the facility from which the defendant
 21-8    was discharged if accomplished under Subtitle C, Title 7, Health
 21-9    and Safety Code, [the Texas Mental Health Code] and to the Texas
21-10    Department of Mental Health and Mental Retardation if accomplished
21-11    under Subtitle D, Title 7, Health and Safety Code [the Mentally
21-12    Retarded Persons Act of 1977].  Subsection (d) of this section [The
21-13    provisions of (d) above] shall again be followed prior to discharge
21-14    of the committed person.
21-15          SECTION 8.  Article 46.01, Code of Criminal Procedure, is
21-16    repealed.
21-17          SECTION 9.  The change in law made by Sections 1-7 of this
21-18    Act applies only to a competency hearing initiated on or after the
21-19    effective date of this Act.  A competency hearing initiated before
21-20    the effective date of this Act is covered by the law in effect when
21-21    the hearing was initiated, and the former law is continued in
21-22    effect for that purpose.
21-23          SECTION 10.  This Act takes effect September 1, 1999.
21-24          SECTION 11.  The importance of this legislation and the
21-25    crowded condition of the calendars in both houses create an
21-26    emergency and an imperative public necessity that the
21-27    constitutional rule requiring bills to be read on three several
 22-1    days in each house be suspended, and this rule is hereby suspended.