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.