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


Senate Research CenterC.S.S.B. 553
77R7371 GWK-DBy: Duncan
Criminal Justice
2/22/2001
Committee Report (Substituted)


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.  As proposed, C.S.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.  Provides that initial appointments
to the task force must 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
it is authorized 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 is entitled 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.

SUMMARY OF COMMITTEE CHANGES

Differs from the As Filed version by increases the task force from 15 to 16
members.  The additional member is the executive head of the Texas
Psychological Association.