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.