79R7842 KEL-F

By:  Duncan                                                       S.B. No. 925



A BILL TO BE ENTITLED

AN ACT

relating to competency to be executed in a capital case.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 46.05, Code of Criminal Procedure, is 
amended by amending Subsections (g), (k), and (l) and adding 
Subsections (m) and (n) to read as follows:
	(g)  If the trial court does not determine that the defendant 
has made a substantial showing of incompetency, the court shall 
deny the motion and may set an execution date as otherwise provided 
by law.
	(k)  The trial court shall determine whether [If], on the 
basis of reports provided under Subsection (i), the motion, any 
attached documents, any responsive pleadings, and any evidence 
introduced in the final competency hearing, the defendant has 
established [trial court makes a finding] by a preponderance of the 
evidence that the defendant is incompetent to be executed.  If the 
court makes a finding that the defendant is not incompetent to be 
executed, the court may set an execution date as otherwise provided 
by law.
	(l)  Following the trial court's determination under 
Subsection (k) and on motion of a party, the clerk shall send 
immediately to the court of criminal appeals in accordance with 
Section 8(d), Article 11.071, the appropriate documents for that 
court's review and entry of a judgment [determination] of whether 
to adopt the trial court's order, findings, or recommendations 
issued under Subsections (g) or (k).  The court of criminal appeals 
also shall determine whether any existing execution date should be 
withdrawn and a stay of execution issued while that court is 
conducting its review or, if a stay is not issued during the review, 
after entry of its judgment.
	(m)  If a stay of execution is issued by the court of criminal 
appeals, the trial court periodically shall order that the 
defendant be reexamined by mental health experts to determine 
whether the defendant is no longer incompetent to be executed.
	(n) [(l)]  If the court of criminal appeals enters a judgment 
that a defendant is not incompetent to be executed [trial court does 
not make the finding as described by Subsection (k)], the court may 
withdraw any stay of execution issued under Subsection (l), and the 
trial court may set an execution date as otherwise provided by law.
	SECTION 2.  The change in law made by this Act applies only 
to a motion filed under Article 46.05, Code of Criminal Procedure, 
on or after the effective date of this Act.  A motion filed under 
that article before the effective date of this Act is covered by the 
law in effect on the date the motion was filed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.