77R9480 PEP-D                           
         By Farabee, Uher                                      H.B. No. 1093
         Substitute the following for H.B. No. 1093:
         By Kitchen                                        C.S.H.B. No. 1093
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain procedures used to deal with a criminal
 1-3     defendant suspected of being or determined to be incompetent to
 1-4     stand trial.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Sections 3(a), (b), and (f), Article 46.02, Code
 1-7     of Criminal Procedure, are amended to read as follows:
 1-8           (a)  At any time the issue of the defendant's incompetency to
 1-9     stand trial is raised, the court may, on its own motion or motion
1-10     by the defendant, his counsel, or the prosecuting attorney, appoint
1-11     the local mental health or mental retardation authority or other
1-12     disinterested experts experienced and qualified in mental health or
1-13     mental retardation to examine the defendant with regard to his
1-14     competency to stand trial and to testify at any trial or hearing on
1-15     this issue.
1-16           (b)  The court may order any defendant to submit to
1-17     examination for the purposes described in this article.  If the
1-18     defendant is free on bail, the court in its discretion may order
1-19     him to submit to examination.  If the defendant fails or refuses to
1-20     submit to examination, the court may order him to submit to
1-21     [custody for] examination in a mental health facility determined to
1-22     be appropriate by the local mental health or mental retardation
1-23     authority for a reasonable period not to exceed 21 days.  The court
1-24     may [not] order a defendant to a facility operated by the Texas
 2-1     Department of Mental Health and Mental Retardation for examination
 2-2     only on request of the local mental health or mental retardation
 2-3     authority and with [without] the consent of the head of the [that]
 2-4     facility [or for a period exceeding 21 days].  If a defendant who
 2-5     has been ordered to a facility operated by Texas Department of
 2-6     Mental Health and Mental Retardation for examination remains in
 2-7     such facility for a period of time exceeding 21 days, the head of
 2-8     that facility shall cause the defendant to be immediately
 2-9     transported to the committing court and placed in the custody of
2-10     the sheriff of the county in which the committing court is located.
2-11     That county shall reimburse the Texas Department of Mental Health
2-12     and Mental Retardation facility for the mileage and per diem
2-13     expenses of the personnel required to transport the defendant
2-14     calculated in accordance with the state travel regulations in
2-15     effect at the time.
2-16           (f)  The local mental health or mental retardation authority
2-17     or other appointed experts shall be paid by the county in which the
2-18     indictment was returned or information was filed.  A facility
2-19     [operated by the Texas Department of Mental Health and Mental
2-20     Retardation] which accepts a defendant for examination under
2-21     [Subsection (a) of] this section shall be reimbursed by the county
2-22     in which the indictment was returned or information was filed for
2-23     such expenses incurred as are determined by the department to be
2-24     reasonably necessary and incidental to the proper examination of
2-25     the defendant.
2-26           SECTION 2. Section 5(a), Article 46.02, Code of Criminal
2-27     Procedure, is amended to read as follows:
 3-1           (a)  When a defendant has been determined incompetent to
 3-2     stand trial for a [any] felony or [for a] misdemeanor because of
 3-3     mental illness or mental retardation, and absent a determination
 3-4     that there is no substantial probability that the defendant will
 3-5     attain competency to stand trial in the foreseeable future, the
 3-6     court shall determine whether the conduct committed by the
 3-7     defendant involved an act, attempt, or threat of serious bodily
 3-8     injury to another person.  If the court determines that the
 3-9     defendant's conduct involved an act, attempt, or threat of serious
3-10     bodily injury to another person, the court shall enter an order
3-11     committing the defendant to the maximum security unit of any
3-12     facility designated by the Texas Department of Mental Health and
3-13     Mental Retardation, to an agency of the United States operating a
3-14     mental hospital, or to a Veterans Administration hospital for a
3-15     period not to exceed 18 months.  If the court determines that the
3-16     defendant's conduct did not involve an act, attempt, or threat of
3-17     serious bodily injury to another person  [When a defendant has been
3-18     determined incompetent to stand trial for a misdemeanor because of
3-19     mental illness, and absent a determination that there is no
3-20     substantial probability that the defendant will attain competency
3-21     to stand trial in the foreseeable future], the court shall enter an
3-22     order committing the defendant to a [the] mental health facility
3-23     determined to be appropriate by the local mental health or mental
3-24     retardation authority [designated by the Commissioner of Mental
3-25     Health and Mental Retardation to serve the catchment area in which
3-26     the committing court is located] for a period not to exceed 18
3-27     months.  On request of the local mental health or mental
 4-1     retardation authority, the court may enter an order committing the
 4-2     defendant to a facility operated by the Texas Department of Mental
 4-3     Health and Mental Retardation.  An order issued under this
 4-4     subsection shall also place the defendant in the custody of the
 4-5     sheriff for transportation to the facility to be confined in the
 4-6     facility for further examination and treatment toward the specific
 4-7     objective of attaining competency to stand trial.  The court shall
 4-8     order that a transcript of all medical testimony received by the
 4-9     jury be forthwith prepared by the court reporter and that the
4-10     transcript, together with a statement of the facts and
4-11     circumstances surrounding the alleged offense, shall accompany the
4-12     patient to the facility.
4-13           SECTION 3. The change in law made by this Act applies only to
4-14     a defendant charged with an offense committed on or after the
4-15     effective date of this Act.  A defendant charged with an offense
4-16     committed before the effective date of this Act is covered by the
4-17     law in effect when the offense was committed, and the former law is
4-18     continued in effect for that purpose.  For purposes of this
4-19     section, an offense was committed before the effective date of this
4-20     Act if any element of the offense occurred before that date.
4-21           SECTION 4. This Act takes effect September 1, 2001.