1-1 By: Duncan S.B. No. 553 1-2 (In the Senate - Filed February 6, 2001; February 7, 2001, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 February 27, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; 1-6 February 27, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 553 By: Ogden 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of a task force to review the methods and 1-11 procedures used to evaluate a criminal defendant's competency to 1-12 stand trial and use of the insanity defense. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. (a) A task force is established to review the 1-15 methods and procedures used to evaluate a criminal defendant's 1-16 competency to stand trial and use of the insanity defense and to 1-17 submit a report to the 78th Legislature. The task force serves in 1-18 an advisory capacity. 1-19 (b) The task force is composed of 16 members as follows: 1-20 (1) a member of the senate appointed by the lieutenant 1-21 governor; 1-22 (2) a member of the house of representatives appointed 1-23 by the speaker of the house of representatives; 1-24 (3) a district judge appointed by the presiding judge 1-25 of the court of criminal appeals; 1-26 (4) a representative of The University of Texas 1-27 Medical Branch at Galveston and a representative of the Texas Tech 1-28 University Health Sciences Center, each of whom has experience in 1-29 forensic science, appointed by the executive head of the 1-30 represented entity; 1-31 (5) a representative of a public or private school of 1-32 law in this state with expertise in forensic or mental health law, 1-33 appointed by the lieutenant governor; and 1-34 (6) the executive head of each of the following 1-35 agencies or associations or that person's designated 1-36 representative: 1-37 (A) the Texas Department of Criminal Justice; 1-38 (B) the Texas Department of Mental Health and 1-39 Mental Retardation; 1-40 (C) the Texas Council on Offenders with Mental 1-41 Impairments; 1-42 (D) the Texas District and County Attorneys 1-43 Association; 1-44 (E) the Texas Criminal Defense Lawyers 1-45 Association; 1-46 (F) the Texas Association of Counties; 1-47 (G) the Texas Medical Association; 1-48 (H) the Texas Society of Psychiatric Physicians; 1-49 (I) Capacity for Justice; and 1-50 (J) the Texas Psychological Association. 1-51 (c) Initial appointments to the task force must be made not 1-52 later than December 31, 2001. 1-53 (d) The task force shall elect a presiding officer from its 1-54 members at its first meeting. The task force shall meet at least 1-55 four times each year and may meet at other times at the call of the 1-56 presiding officer. 1-57 (e) The Texas Council on Offenders with Mental Impairments 1-58 shall perform the administrative functions of the task force. 1-59 (f) The task force is not subject to Chapter 2110, 1-60 Government Code. A member of the task force may not receive 1-61 compensation but is entitled to reimbursement of the travel 1-62 expenses incurred by the member while conducting task force 1-63 business, as provided in the General Appropriations Act. 1-64 (g) In conducting its review of the methods and procedures 2-1 used to evaluate a criminal defendant's competency to stand trial 2-2 and use of the insanity defense, the task force shall: 2-3 (1) examine the process by which the examination of a 2-4 defendant is initiated and administered, including the required and 2-5 actual use of forms and other documentation; 2-6 (2) review the manner in which a person is appointed 2-7 to conduct an examination; 2-8 (3) evaluate the adequacy of the qualifications and 2-9 training of persons who may be appointed to conduct an examination; 2-10 (4) consider alternative means to: 2-11 (A) increase cost effectiveness in the 2-12 examination process; and 2-13 (B) maximize third-party payment of the costs of 2-14 examinations; and 2-15 (5) assess the potential use and benefits of 2-16 telepsychiatry. 2-17 (h) In addition to taking action under Subsection (g) of 2-18 this section, the task force may take other action it considers 2-19 necessary or advisable to conduct an effective review. 2-20 (i) The task force shall submit a report based on its 2-21 findings to the legislature not later than December 31, 2002. As 2-22 part of its report, the task force shall submit to the legislature 2-23 specific recommendations for legislation. 2-24 (j) This Act expires and the task force established under 2-25 this Act is abolished February 1, 2003. 2-26 SECTION 2. This Act takes effect immediately if it receives 2-27 a vote of two-thirds of all the members elected to each house, as 2-28 provided by Section 39, Article III, Texas Constitution. If this 2-29 Act does not receive the vote necessary for immediate effect, this 2-30 Act takes effect September 1, 2001. 2-31 * * * * *