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 * * * * *