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AN ACT
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relating to competency to be executed in a capital case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46.05, Code of Criminal Procedure, is |
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amended by amending Subsections (g), (k), and (l) and adding |
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Subsections (l-1), (m), and (n) to read as follows: |
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(g) If the trial court does not determine that the defendant |
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has made a substantial showing of incompetency, the court shall |
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deny the motion and may set an execution date as otherwise provided |
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by law. |
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(k) The trial court shall determine whether [If], on the |
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basis of reports provided under Subsection (i), the motion, any |
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attached documents, any responsive pleadings, and any evidence |
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introduced in the final competency hearing, the defendant has |
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established [trial court makes a finding] by a preponderance of the |
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evidence that the defendant is incompetent to be executed. If the |
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court makes a finding that the defendant is not incompetent to be |
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executed, the court may set an execution date as otherwise provided |
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by law. |
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(l) Following the trial court's determination under |
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Subsection (k) and on motion of a party, the clerk shall send |
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immediately to the court of criminal appeals in accordance with |
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Section 8(d), Article 11.071, the appropriate documents for that |
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court's review and entry of a judgment [determination] of whether |
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to adopt the trial court's order, findings, or recommendations |
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issued under Subsection (g) or (k). The court of criminal appeals |
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also shall determine whether any existing execution date should be |
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withdrawn and a stay of execution issued while that court is |
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conducting its review or, if a stay is not issued during the review, |
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after entry of its judgment. |
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(l-1) Notwithstanding Subsection (l), the court of criminal |
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appeals may not review any finding of the defendant's competency |
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made by a trial court as a result of a motion filed under this |
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article if the motion is filed on or after the 20th day before the |
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defendant's scheduled execution date. |
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(m) If a stay of execution is issued by the court of criminal |
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appeals, the trial court periodically shall order that the |
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defendant be reexamined by mental health experts to determine |
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whether the defendant is no longer incompetent to be executed. |
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(n) [(l)] If the court of criminal appeals enters a judgment |
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that a defendant is not incompetent to be executed [trial court does
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not make the finding as described by Subsection (k)], the court may |
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withdraw any stay of execution issued under Subsection (l), and the |
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trial court may set an execution date as otherwise provided by law. |
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SECTION 2. The change in law made by this Act applies only |
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to a motion filed under Article 46.05, Code of Criminal Procedure, |
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on or after the effective date of this Act. A motion filed under |
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that article before the effective date of this Act is covered by the |
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law in effect on the date the motion was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1545 was passed by the House on May 3, |
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2007, by the following vote: Yeas 141, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1545 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |