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.