SRC-BWC S.B. 553 77(R)BILL ANALYSIS


Senate Research CenterS.B. 553
By: Duncan
Criminal Justice
5/22/2001
Enrolled


DIGEST AND PURPOSE 

Currently, evaluations of a criminal defendant's competency to stand trial
vary greatly throughout the state, which leads to an equal protection
problem.  S.B. 553 establishes a task force to review the methods and
procedures used to evaluate a criminal defendant's competency to stand
trial and the use of insanity defense.   

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.  Provides that a task force is established to review the methods
and procedures used to evaluate a criminal defendant's competency to stand
trial and use of the insanity defense and to submit a report to the 78th
Legislature.  Provides that the task force serves in an advisory capacity
and is composed of 16 certain members.  Requires initial appointments to
the task force to be made not later than December 31, 2001.  Requires the
task force to elect a presiding officer from its members at its first
meeting.  Requires the task force to meet at least four times each year and
authorizes it to meet at other times at the call of the presiding officer.
Requires the Texas Council on Offenders with Mental Impairments to perform
the administrative functions of the task force.  Provides that the task
force is not subject to Chapter 2110 (State Agency Advisory Committees),
Government Code, and prohibits a member of the task force from receiving
compensation but entitles a member to reimbursement of the travel expenses
incurred by the member while conducting task force business, as provided in
the General Appropriations Act.  Requires the task force, in conducting its
review of the methods and procedures used to evaluate a criminal
defendant's competency to stand trial and use of the insanity defense, to
perform certain tasks.  Authorizes the task force to take other action it
considers necessary or advisable to conduct an effective review.  Requires
the task force to submit a report based on its findings to the legislature
not later than December 31, 2002, and to submit to the legislature specific
recommendations for legislation, as part of its report.  Provides that this
Act expires and the task force established under this Act is abolished
February 1, 2003. 

SECTION 2.  Effective date:  upon passage or September 1, 2001.