HBA-AMW H.B. 1093 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1093
By: Farabee
Criminal Jurisprudence
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, no specific reference is made to local mental health or
mental retardation authorities relating to the competency of an individual
to stand trial.  Currently,  no formal role exists for these authorities in
making recommendations regarding the hospitalization of individuals found
incompetent to stand trial.  Also, individuals with mental retardation
found incompetent to stand trial for a misdemeanor may be committed to the
maximum security unit of a mental health and mental retardation facility,
while individuals with a mental illness found incompetent to stand trial
for a misdemeanor are committed to a designated mental health facility in
the attachment area of the committing court.  House Bill 1093 includes
specific roles for the local mental health or mental retardation authority
in performing competency evaluations and determining the placement of an
individual with mental retardation who is found incompetent to stand trial
for a misdemeanor. 

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 1093 amends the Code of Criminal Procedure relating to
incompetency to stand trial, to add the local mental health or mental
retardation authority (local authority) to the mental health experts the
court is authorized to appoint to examine the defendant and testify at any
trial or hearing.  The bill modifies provisions relating to the submission
to examination and commitment of a defendant.  The bill modifies provisions
relating to payment of appointed experts and reimbursement of a facility
that accepts a defendant for examination.  The bill authorizes the court,
on request of the local authority, to enter an order committing the
defendant to a facility operated by the Texas Department of Mental Health
and Mental Retardation. 

EFFECTIVE DATE

September 1, 2001.