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79R2966 KEL-D

By:  Wentworth                                                    S.B. No. 838



A BILL TO BE ENTITLED

AN ACT

relating to the reporting and collection of certain information 
regarding persons found not guilty of an offense by reason of 
insanity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 533, Health and Safety 
Code, is amended by adding Section 533.0095 to read as follows:
	Sec. 533.0095.  COLLECTION AND MAINTENANCE OF INFORMATION 
REGARDING PERSONS FOUND NOT GUILTY BY REASON OF INSANITY.  (a)  The 
executive commissioner of the Health and Human Services Commission 
by rule shall require the department to collect information and 
maintain current records regarding a person found not guilty of an 
offense by reason of insanity under Article 46.03, Code of Criminal 
Procedure, who is:
		(1)  ordered by a court to receive inpatient mental 
health services under Chapter 574; or
		(2)  committed by a court for long-term placement in a 
residential care facility under Chapter 593.
	(b)  Information maintained by the department under this 
section must include the name and address of the facility to which 
the defendant is committed.
	SECTION 2.  Section 4(c), Article 46.03, Code of Criminal 
Procedure, is amended to read as follows:
	(c)  Provision of Information to Facility and Department
[Transcript of all Medical Testimony]. The court shall order that 
the clerk of the court immediately:
			(A)  prepare a transcript of all medical testimony 
received in both the criminal proceedings and the commitment 
proceedings [be prepared forthwith by the court reporters] and 
forward those [that such] transcripts[, together with a statement 
of the facts and circumstances surrounding the alleged offense, 
shall accompany the patient] to the mental health or mental 
retardation facility; and
			(B)  prepare and forward the following 
information to the facility and, as applicable, to the Department 
of State Health Services or the Department of Aging and Disability 
Services:
				(i)  the complete name, race, and gender of 
the person;            
				(ii)  any known identifying number of the 
person, including social security number, driver's license number, 
or state identification number;
				(iii)  the person's date of birth; and                               
				(iv)  the offense of which the person was 
found not guilty by reason of insanity and a statement of the facts 
and circumstances surrounding the alleged offense.
	SECTION 3.  The change in law made by this Act in amending 
Section 4(c), Article 46.03, Code of Criminal Procedure, applies 
only to a defendant acquitted of an offense on or after the 
effective date of this Act, regardless of when the offense for which 
the defendant was acquitted was committed.  A defendant who before 
the effective date of this Act is acquitted of an offense is covered 
by the law in effect when the acquittal occurred, and the former law 
remains in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.