Texas 2013 - 83rd Regular

Texas House Bill HB3774

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the insanity defense and persons found not guilty by reason of insanity in a criminal case.

Impact

The impact of HB 3774 on state laws is considerable, as it revises current procedures concerning the insanity defense and the treatment regimens for acquitted individuals. It amends the Code of Criminal Procedure to enhance clarity around the conditions for mental health evaluations, treatment orders, and the legal rights of defendants. The bill also stipulates that court-ordered treatment must prioritize the least restrictive options available, while ensuring that individuals do not pose a risk to society. By doing so, it aims to balance public safety with the rights and needs of those who have been found not guilty due to mental health issues.

Summary

House Bill 3774 addresses the treatment and legal proceedings surrounding individuals found not guilty by reason of insanity in Texas. The bill aims to clarify the processes involved in their commitment to mental health facilities, ensuring that such commitments are appropriate given the individual's condition. It emphasizes the need for treatment in the least restrictive setting possible while maintaining safety for the community and the acquitted individuals themselves. With changes in court procedures, the bill sets guidelines for both inpatient and outpatient treatment, establishing standards for the medication and monitoring of individuals under court orders.

Sentiment

The general sentiment surrounding HB 3774 is mixed among stakeholders. Supporters argue that the bill represents a necessary update to existing laws, providing clearer guidelines for mental health treatment within the legal context. They believe it will lead to better outcomes for individuals with mental health issues and promote rehabilitation over confinement. In contrast, opponents express concerns regarding how these changes might affect the legal process and the rights of acquitted individuals, fearing potential overreach or inadequate oversight in treatment provisions.

Contention

Key points of contention involve the balance between community safety and the rights of individuals found not guilty by reason of insanity. Some legislators worry that the provisions for outpatient treatment could be mismanaged, leading to insufficient safeguards against individuals who may still pose a risk. Others advocate for stringent measures to ensure that these individuals receive the necessary treatment while maintaining their dignity and rights within the community. The potential impact on recidivism and public safety continues to be a significant topic in discussions around the bill.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2972

Relating to persons who are acquitted by reason of insanity in a criminal case.

TX HB322

Relating to certain burdens of proof in determining a defendant's insanity in a criminal case.

TX HB446

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

TX SB332

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

Similar Bills

TX SB168

Relating to the insanity defense in a criminal case.

TX HB1150

Relating to the insanity defense in a criminal case.

TX HB2973

Relating to the insanity defense in a criminal case.

TX HB2159

Relating to the insanity defense in a criminal case.

TX HB4594

Relating to the punishment for certain possession offenses under the Texas Controlled Substances Act; changing eligibility for and conditions of community supervision.

TX HB446

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

TX SB332

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

AR HB1835

Concerning Specialty Court Programs; And To Update And Clarify The Law Concerning Drug Court, Mental Health Court, Veterans Court, And Dwi/bwi Specialty Court Programs.