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 ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** 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