SRC-JBJ H.B. 434 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 434
77R38 PEP-DBy: Heflin (Whitmire)
Criminal Justice
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, a trial court is required to review, at least once
every 12 months, the continuing need for a defendant acquitted of a
criminal offense by reason of insanity to be involuntarily committed for
mental health treatment.  H.B. 434 authorizes a trial court to transfer to
an appropriate court for civil commitment proceedings a defendant acquitted
of a criminal offense by reason of insanity who has committed an act,
attempt, or threat of serious bodily injury to another person, as
determined by the court.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 4(d)(1), Article 46.03, Code of Criminal
Procedure, as follows: 

(1)  Civil Commitment or Automatic Commitment for Evaluation.  Authorizes
the trial court, if a defendant is found not guilty by reason of insanity
in the trial of a criminal offense and the court determines that the
defendant committed an act, attempt, or threat of serious bodily injury to
another person, to transfer the defendant to the appropriate court for
civil commitment proceedings on receipt of that court's written consent to
the transfer or to retain jurisdiction over the defendant as provided by
this subdivision.  Requires a trial court that transfers a defendant to the
appropriate court for civil commitment proceedings to order the defendant
detained in jail or other suitable place pending the initiation of
appropriate civil proceedings. Requires a trial court that does not
transfer a defendant to the appropriate court for civil commitment
proceedings under this subdivision to retain jurisdiction over the
defendant and to proceed as provided by this subsection.  Requires the
court to order the defendant, rather than such person, to be committed to
the maximum security unit of any facility designated by the Texas
Department of Mental Health and Mental Retardation until such time as the
defendant is eligible for release pursuant to this subsection or is
eligible for transfer to a nonsecurity facility pursuant to Subsection (b)
of this section.  Deletes existing text regarding certain persons. 

SECTION 2.  Makes application of this Act prospective.
 
SECTION 3.  Effective date: September 1, 2001.