80R4494 KEL-D
 
  By: Pena H.B. No. 1545
 
 
 
 
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 Subsection (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withdrawn and a stay of execution issued while that court is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, 2007.