By: Moncrief S.B. No. 1216
99S0747/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain examination and reporting requirements
1-2 regarding a court's determination of a defendant's mental capacity.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 16.22, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 16.22. Examination and Transfer of Defendant Suspected
1-7 of Having Mental Illness or Mental Retardation. (a) Not later
1-8 than 72 hours after receiving evidence or a statement that may
1-9 establish reasonable cause to believe that a defendant committed to
1-10 the sheriff's custody has a mental illness or is a person with
1-11 mental retardation, the sheriff shall notify a magistrate of that
1-12 fact. A defendant's behavior or the result of a prior evaluation
1-13 indicating a need for referral for further mental health or mental
1-14 retardation assessment must be considered in determining whether
1-15 reasonable cause exists to believe the defendant has a mental
1-16 illness or is a person with mental retardation. On a determination
1-17 that there is reasonable cause to believe that the defendant has a
1-18 mental illness or is a person with mental retardation, the
1-19 magistrate shall order an examination of the defendant by a
1-20 disinterested expert or shall forward the determination to the
1-21 court before which the case is pending for an examination of the
1-22 defendant by a disinterested expert. In either case, the expert
1-23 must be experienced and qualified in mental health or mental
1-24 retardation to determine whether the defendant has a mental illness
2-1 as defined by Section 571.003, Health and Safety Code, or is a
2-2 person with mental retardation as defined by Section 591.003,
2-3 Health and Safety Code. The court or magistrate may also direct
2-4 the disinterested expert to examine the defendant with regard to
2-5 his competency to stand trial pursuant to Article 46.02. If the
2-6 defendant fails or refuses to submit to examination, the magistrate
2-7 or court may order the defendant to submit to examination, for the
2-8 purposes described in this subsection, pursuant to Section 3(b),
2-9 Article 46.02 [custody for examination for a reasonable period not
2-10 to exceed 21 days. The magistrate may not order a defendant to a
2-11 facility operated by the Texas Department of Mental Health and
2-12 Mental Retardation for examination without the consent of the head
2-13 of that facility. If a defendant who has been ordered to a
2-14 facility operated by the Texas Department of Mental Health and
2-15 Mental Retardation for examination remains in the facility for a
2-16 period exceeding 21 days, the head of that facility shall cause the
2-17 defendant to be immediately transported to the committing court and
2-18 placed in the custody of the sheriff of the county in which the
2-19 committing court is located. That county shall reimburse the Texas
2-20 Department of Mental Health and Mental Retardation facility for the
2-21 mileage and per diem expenses of the personnel required to
2-22 transport the defendant calculated in accordance with the state
2-23 travel regulations in effect at the time].
2-24 (b) A written report of the examination shall be submitted
2-25 to the magistrate or the court before which the case is pending
2-26 within 30 days of the order of examination, and the magistrate or
3-1 court shall furnish copies of the report to the defense counsel and
3-2 the prosecuting attorney. The report shall include a description
3-3 of the procedures used in the examination, the examiner's
3-4 observations and findings pertaining to whether the defendant is a
3-5 person who has a mental illness or is a person with mental
3-6 retardation, the examiner's observations and findings as to the
3-7 defendant's competency to stand trial, if the examiner was directed
3-8 to examine the defendant with regard to the defendant's competency
3-9 to stand trial, and recommended treatment.
3-10 (c) After the court receives the examining expert's report
3-11 relating to the defendant under Subsection (b), the court may
3-12 resume the criminal proceedings against the defendant or further
3-13 competency proceedings, if required, as provided by Article 46.02
3-14 [of this code].
3-15 (d) A statement made by the defendant during the
3-16 examinations to determine the issues of competency, mental illness,
3-17 or mental retardation under this section may not be admitted into
3-18 evidence against the defendant on the issue of guilt in any
3-19 criminal proceeding.
3-20 SECTION 2. (a) This Act takes effect September 1, 1999.
3-21 (b) The change in law made by this Act applies only to a
3-22 criminal proceeding commenced on or after the effective date of
3-23 this Act. A criminal proceeding commenced before the effective
3-24 date of this Act is governed by the law in effect when the
3-25 proceeding was commenced, and the former law is continued in effect
3-26 for that purpose.
4-1 SECTION 3. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.