HBA-JLV, AMW C.S.H.B. 1093 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1093
By: Farabee
Criminal Jurisprudence
3/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, no specific reference is made to local mental health or
mental retardation authorities relating to the competency of an individual
to stand trial.  Currently,  no formal role exists for these authorities in
making recommendations regarding the hospitalization of individuals found
incompetent to stand trial.  Also, individuals with mental retardation
found incompetent to stand trial for a misdemeanor may be committed to the
maximum security unit of a mental health and mental retardation facility,
while individuals with a mental illness found incompetent to stand trial
for a misdemeanor are committed to a designated mental health facility in
the attachment area of the committing court. C.S.H.B. 1093 includes
specific roles for the local mental health or mental retardation authority
in performing competency evaluations and determining the placement of an
individual with mental retardation who is found incompetent to stand trial
for a misdemeanor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1093 amends the Code of Criminal Procedure relating to
incompetency to stand trial, to add the local mental health or mental
retardation authority (local authority) to the mental health experts the
court is authorized to appoint to examine the defendant and testify at any
trial or hearing.  The bill modifies provisions relating to the submission
to examination and commitment of a defendant.  The bill modifies provisions
relating to payment of appointed experts and reimbursement of a facility
that accepts a defendant for examination.  The bill requires the court,
when a defendant has been determined incompetent to stand trial for a
felony or misdemeanor because of mental illness or mental retardation, to
determine whether the conduct committed by the defendant involved an act,
attempt, or threat of serious bodily injury to another person.  If the
court determines that the defendant's conduct did not involve an act,
attempt, or threat of serious bodily injury to another person, the bill
requires the court to enter an order committing the defendant to a mental
health facility determined to be  appropriate by the local mental health or
mental retardation authority.  The bill deletes provisions providing that a
defendant be committed to a mental health facility when a defendant has
been determined incompetent to stand trial for a misdemeanor because of
mental illness, and absent a determination that there is no substantial
probability that the defendant will attain competency to stand trial in the
foreseeable future.  The bill authorizes the court, on request of the local
authority, to enter an order committing the defendant to a facility
operated by the Texas Department of Mental Health and Mental Retardation. 

EFFECTIVE DATE

September 1, 2001.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1093 modifies the original to include misdemeanors when a
defendant has been determined incompetent to stand trial for a crime
because of mental illness or mental retardation.  The substitute modifies
the original to require the court to enter an order committing the
defendant to the maximum security unit of any facility designated by the
Texas Department of Mental Health and Mental Retardation if the court
determines that the defendant's conduct involved an act, attempt, or threat
of serious bodily injury to another person.  The substitute modifies the
original to remove provisions providing that a defendant be committed to a
mental health facility when a defendant has been determined incompetent to
stand trial for a misdemeanor because of mental illness, and absent a
determination that there is no substantial probability that the defendant
will attain competency to stand trial in the foreseeable future.