HBA-AMW, EDN H.B. 1071 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1071
By: Farabee
Criminal Jurisprudence
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

Although there are a number of mechanisms in place to divert certain
offenders with mental illness or mental retardation from jails to
appropriate facilities, current law does not expressly define the
procedures for diverting individuals to mental health facilities.  As a
result, many judges and attorneys are uncertain about how to determine
which individuals are appropriate for diversion and may be hesitant to
divert individuals to mental health facilities.  House Bill 1071
incorporates specific references to the role of local mental health and
mental retardation authorities in performing evaluations of defendants and
making recommendations to the court in regard to diverting certain
offenders from jail to mental health facilities, modifies the contents of
the defendant's evaluation report, and modifies provisions relating to
mental health examinations and the release of a defendant on personal bond.

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1071 amends the Code of Criminal Procedure to include a local
mental health or mental retardation authority (local authority) among the
mental health or mental retardation experts authorized to conduct an
examination of a defendant's mental health.   The bill modifies provisions
relating to a submission order by a magistrate, authorizing the magistrate
to order the defendant to submit to examination in a mental health facility
determined to be appropriate by the local authority.  In addition, the bill
authorizes a magistrate to order a defendant to a facility operated by the
Texas Department of Mental Health and Mental Retardation for examination on
request of the local authority.  The bill also requires that a written
report of the examination include whether the defendant is competent to
stand trial.  The bill modifies provisions relating to the conditions of
release of a defendant on personal bond. 

EFFECTIVE DATE

September 1, 2001.