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.
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