LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 16, 2001
  
  
          TO:  Honorable Juan Hinojosa, Chair, House Committee on
               Criminal Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB1581  by Coleman (Relating to determining whether a
               criminal defendant is insane or otherwise incompetent to
               stand trial.), As Introduced
  
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*  No significant fiscal implication to the State is anticipated.        *
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The bill would amend Article 46.02 Code of Criminal Procedure, concerned
with the determination of a person's  competency to stand trial, by
requiring, rather than allowing, a court to appoint an expert in mental
health or mental retardation by training and experience with experience
in forensic evaluation, rather than an expert in mental health and mental
retardation, to gather background information and examine the defendant
for competency.  An order for the defendant to submit to examination
would only be issued after the defendant has retained an attorney or the
court has appointed one.  Reports following the examination would have to
be written and would include opinions as opposed to observations.  The
same amendments made for questions of incompetence are made for insanity.


Article 16.22, Code of Criminal Procedure, concerned with examination and
transfer of persons suspected of having mental illness or mental
retardation, would be amended to include incompetency and the same
expertise would be required for examination of these persons as would be
required in Article 46.02, above.  Components of the examiner's report
to the court are described.  The bill becomes effective September 1,
2001 and covers only offenses committed after the effective date of the
bill.
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   655   TX Dept. of Mental Health & Mental Retardation
LBB Staff:         JK, JC, MB, DW, DB