By Gray H.B. No. 1878
77R6173 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a task force to review the methods and
1-3 procedures used to evaluate a criminal defendant's competency to
1-4 stand trial and use of the insanity defense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. (a) A task force is established to review the
1-7 methods and procedures used to evaluate a criminal defendant's
1-8 competency to stand trial and use of the insanity defense and to
1-9 submit a report to the 78th Legislature. The task force serves in
1-10 an advisory capacity.
1-11 (b) The task force is composed of 15 members as follows:
1-12 (1) a member of the senate appointed by the lieutenant
1-13 governor;
1-14 (2) a member of the house of representatives appointed
1-15 by the speaker of the house of representatives;
1-16 (3) a district judge appointed by the presiding judge
1-17 of the court of criminal appeals;
1-18 (4) a representative of The University of Texas
1-19 Medical Branch at Galveston and a representative of the Texas Tech
1-20 University Health Sciences Center, each of whom has experience in
1-21 forensic science, appointed by the executive head of the
1-22 represented entity;
1-23 (5) a representative of a public or private school of
1-24 law in this state with expertise in forensic or mental health law,
2-1 appointed by the lieutenant governor; and
2-2 (6) the executive head of each of the following
2-3 agencies or associations or that person's designated
2-4 representative:
2-5 (A) the Texas Department of Criminal Justice;
2-6 (B) the Texas Department of Mental Health and
2-7 Mental Retardation;
2-8 (C) the Texas Council on Offenders with Mental
2-9 Impairments;
2-10 (D) the Texas District and County Attorneys
2-11 Association;
2-12 (E) the Texas Criminal Defense Lawyers
2-13 Association;
2-14 (F) the Texas Association of Counties;
2-15 (G) the Texas Medical Association;
2-16 (H) the Texas Society of Psychiatric Physicians;
2-17 and
2-18 (I) Capacity for Justice.
2-19 (c) Initial appointments to the task force must be made not
2-20 later than December 31, 2001.
2-21 (d) The task force shall elect a presiding officer from its
2-22 members at its first meeting. The task force shall meet at least
2-23 four times each year and may meet at other times at the call of the
2-24 presiding officer.
2-25 (e) The Texas Council on Offenders with Mental Impairments
2-26 shall perform the administrative functions of the task force.
2-27 (f) The task force is not subject to Chapter 2110,
3-1 Government Code. A member of the task force may not receive
3-2 compensation but is entitled to reimbursement of the travel
3-3 expenses incurred by the member while conducting task force
3-4 business, as provided in the General Appropriations Act.
3-5 (g) In conducting its review of the methods and procedures
3-6 used to evaluate a criminal defendant's competency to stand trial
3-7 and use of the insanity defense, the task force shall:
3-8 (1) examine the process by which the examination of a
3-9 defendant is initiated and administered, including the required and
3-10 actual use of forms and other documentation;
3-11 (2) review the manner in which a person is appointed
3-12 to conduct an examination;
3-13 (3) evaluate the adequacy of the qualifications and
3-14 training of persons who may be appointed to conduct an examination;
3-15 (4) consider alternative means to:
3-16 (A) increase cost effectiveness in the
3-17 examination process; and
3-18 (B) maximize third-party payment of the costs of
3-19 examinations; and
3-20 (5) assess the potential use and benefits of
3-21 telepsychiatry.
3-22 (h) In addition to taking action under Subsection (g), the
3-23 task force may take other action it considers necessary or
3-24 advisable to conduct an effective review.
3-25 (i) The task force shall submit a report based on its
3-26 findings to the legislature not later than December 31, 2002. As
3-27 part of its report, the task force shall submit to the legislature
4-1 specific recommendations for legislation.
4-2 (j) This Act expires and the task force established under
4-3 this Act is abolished February 1, 2003.
4-4 SECTION 2. This Act takes effect immediately if it receives
4-5 a vote of two-thirds of all the members elected to each house, as
4-6 provided by Section 39, Article III, Texas Constitution. If this
4-7 Act does not receive the vote necessary for immediate effect, this
4-8 Act takes effect September 1, 2001.