By Heflin H.B. No. 434
77R38 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedures for handling certain defendants
1-3 acquitted of an offense by reason of insanity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4(d)(1), Article 46.03, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (1) Civil Commitment or Automatic Commitment for
1-8 Evaluation. If a defendant is found not guilty by reason of
1-9 insanity in the trial of a criminal offense and the court
1-10 determines that the defendant committed an act, attempt, or threat
1-11 of serious bodily injury to another person, the trial court may
1-12 transfer the defendant to the appropriate court for civil
1-13 commitment proceedings on receipt of that court's written consent
1-14 to the transfer or may retain jurisdiction over the defendant as
1-15 provided by this subdivision. A trial court that transfers a
1-16 defendant to the appropriate court for civil commitment proceedings
1-17 shall order the defendant detained in jail or other suitable place
1-18 pending the initiation of appropriate civil proceedings. A trial
1-19 court that does not transfer a defendant to the appropriate court
1-20 for civil commitment proceedings under this subdivision shall
1-21 retain jurisdiction over the defendant [person so acquitted] and
1-22 shall proceed as provided by this subsection. The court shall
1-23 order the defendant [such person] to be committed to the maximum
1-24 security unit of any facility designated by the Texas Department of
2-1 Mental Health and Mental Retardation until such time as the
2-2 defendant [he] is eligible for release pursuant to this subsection
2-3 or is eligible for transfer to a nonsecurity facility pursuant to
2-4 Subsection (b) of this section. The court shall order that an
2-5 examination of the defendant's present mental condition be
2-6 conducted and that a report be filed with the court.
2-7 SECTION 2. This Act applies only to a defendant acquitted of
2-8 an offense on or after the effective date of this Act, regardless
2-9 of when the offense for which the defendant was acquitted was
2-10 committed. A defendant who before the effective date of this Act
2-11 is acquitted of an offense is covered by the law in effect when the
2-12 acquittal occurred, and the former law remains in effect for that
2-13 purpose.
2-14 SECTION 3. This Act takes effect September 1, 2001.