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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications of certain experts authorized to |
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examine a defendant and testify as to the issue of the defendant's |
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sanity or insanity in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 46C.102(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) The court may appoint qualified psychiatrists or |
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psychologists as experts under this chapter. To qualify for |
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appointment under this subchapter as an expert, a psychiatrist or |
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psychologist must: |
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(1) as appropriate, be a physician licensed in this |
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state or be a psychologist licensed in this state who has a doctoral |
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degree in psychology; and |
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(2) have the following certification [or experience] |
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or training: |
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(A) as appropriate, certification by: |
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(i) the American Board of Psychiatry and |
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Neurology with added or special qualifications in forensic |
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psychiatry; or |
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(ii) the American Board of Professional |
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Psychology in forensic psychology; or |
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(B) [experience or] training consisting of: |
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(i) at least 24 hours of specialized |
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forensic training relating to incompetency or insanity |
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evaluations; and |
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(ii) at least [five years of experience in
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performing criminal forensic evaluations for courts; and
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[(iii)] eight [or more] hours of continuing |
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education relating to forensic evaluations, completed in the 12 |
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months preceding the appointment [and documented with the court]. |
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(b) In addition to meeting qualifications required by |
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Subsection (a), to be appointed as an expert a psychiatrist or |
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psychologist must have completed a total of six hours of approved |
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[required] continuing education [in courses] in forensic |
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psychiatry or psychology[, as appropriate,] in the 24 months |
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preceding the appointment. |
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SECTION 2. The change in law made by this Act applies to a |
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defendant against whom proceedings are initiated under Chapter 46C, |
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Code of Criminal Procedure, before, on, or after the effective date |
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of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |