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 16 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, 1-25 appointed by the lieutenant governor; and 2-1 (6) the executive head of each of the following 2-2 agencies or associations or that person's designated 2-3 representative: 2-4 (A) the Texas Department of Criminal Justice; 2-5 (B) the Texas Department of Mental Health and 2-6 Mental Retardation; 2-7 (C) the Texas Council on Offenders with Mental 2-8 Impairments; 2-9 (D) the Texas District and County Attorneys 2-10 Association; 2-11 (E) the Texas Criminal Defense Lawyers 2-12 Association; 2-13 (F) the Texas Association of Counties; 2-14 (G) the Texas Medical Association; 2-15 (H) the Texas Society of Psychiatric Physicians; 2-16 (I) Capacity for Justice; and 2-17 (J) the Texas Psychological Association. 2-18 (c) Initial appointments to the task force must be made not 2-19 later than December 31, 2001. 2-20 (d) The task force shall elect a presiding officer from its 2-21 members at its first meeting. The task force shall meet at least 2-22 four times each year and may meet at other times at the call of the 2-23 presiding officer. 2-24 (e) The Texas Council on Offenders with Mental Impairments 2-25 shall perform the administrative functions of the task force. 2-26 (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) of 3-23 this section, the task force may take other action it considers 3-24 necessary or 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 4-1 part of its report, the task force shall submit to the legislature 4-2 specific recommendations for legislation. 4-3 (j) This Act expires and the task force established under 4-4 this Act is abolished February 1, 2003. 4-5 SECTION 2. This Act takes effect immediately if it receives 4-6 a vote of two-thirds of all the members elected to each house, as 4-7 provided by Section 39, Article III, Texas Constitution. If this 4-8 Act does not receive the vote necessary for immediate effect, this 4-9 Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 553 passed the Senate on March 8, 2001, by the following vote: Yeas 30, Nays 0, one present, not voting. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 553 passed the House on May 11, 2001, by the following vote: Yeas 141, Nays 0, two present, not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor