| |
|
|
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withdrawn and a stay of execution issued while that court is |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. |