1-1     By:  Heflin (Senate Sponsor - Whitmire)                H.B. No. 434
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the procedures for handling certain defendants
 1-9     acquitted of an offense by reason of insanity.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 4(d)(1), Article 46.03, Code of Criminal
1-12     Procedure, is amended to read as follows:
1-13                 (1)  Civil Commitment or Automatic Commitment for
1-14     Evaluation. If a defendant is found not guilty by reason of
1-15     insanity in the trial of a criminal offense and the court
1-16     determines that the defendant committed an act, attempt, or threat
1-17     of serious bodily injury to another person, the trial court may
1-18     transfer the defendant to the appropriate court for civil
1-19     commitment proceedings on receipt of that court's written consent
1-20     to the transfer or may retain jurisdiction over the defendant as
1-21     provided by this subdivision.  A trial court that transfers a
1-22     defendant to the appropriate court for civil commitment proceedings
1-23     shall order the defendant detained in jail or other suitable place
1-24     pending the initiation of appropriate civil proceedings.  A trial
1-25     court that does not transfer a defendant to the appropriate court
1-26     for civil commitment proceedings under this subdivision shall
1-27     retain jurisdiction over the defendant [person so acquitted] and
1-28     shall proceed as provided by this subsection.  The court shall
1-29     order the defendant [such person] to be committed to the maximum
1-30     security unit of any facility designated by the Texas Department of
1-31     Mental Health and Mental Retardation until such time as the
1-32     defendant [he] is eligible for release pursuant to this subsection
1-33     or is eligible for transfer to a nonsecurity facility pursuant to
1-34     Subsection (b) of this section.  The court shall order that an
1-35     examination of the defendant's present mental condition be
1-36     conducted and that a report be filed with the court.
1-37           SECTION 2.  This Act applies only to a defendant acquitted of
1-38     an offense on or after the effective date of this Act, regardless
1-39     of when the offense for which the defendant was acquitted was
1-40     committed.  A defendant who before the effective date of this Act
1-41     is acquitted of an offense is covered by the law in effect when the
1-42     acquittal occurred, and the former law remains in effect for that
1-43     purpose.
1-44           SECTION 3.  This Act takes effect September 1, 2001.
1-45                                  * * * * *