Texas 2009 - 81st Regular

Texas House Bill HB1150 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1981 KEL-D
2	2	By: Thompson H.B. No. 1150
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the insanity defense in a criminal case.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 8.01(a), Penal Code, is amended to read
10	10	as follows:
11	11	(a) It is an affirmative defense to prosecution that, at the
12	12	time of the conduct charged, the actor, as a result of severe mental
13	13	disease or defect, did not appreciate [know] that his conduct was
14	14	legally or morally wrong.
15	15	SECTION 2. Chapter 46C, Code of Criminal Procedure, is
16	16	amended by adding Subchapter G to read as follows:
17	17	SUBCHAPTER G. PROVISIONS APPLICABLE TO PERSONS ACQUITTED
18	18	BY REASON OF INSANITY UNDER THIS CHAPTER OR PRIOR LAW
19	19	Art. 46C.301. APPLICABILITY OF SUBCHAPTER. This subchapter
20	20	applies to a person acquitted by reason of insanity under this
21	21	chapter or under former Article 46.03, as that article existed
22	22	before September 1, 2005.
23	23	SECTION 3. Articles 46C.002, 46C.268, and 46C.269, Code of
24	24	Criminal Procedure, are transferred to Subchapter G, Chapter 46C,
25	25	Code of Criminal Procedure, as added by this Act, renumbered as
26	26	Articles 46C.302, 46C.303, and 46C.304, respectively, and amended
27	27	to read as follows:
28	28	Art. 46C.302 [46C.002]. MAXIMUM PERIOD OF COMMITMENT
29	29	DETERMINED BY MAXIMUM TERM FOR OFFENSE. (a) A person acquitted by
30	30	reason of insanity may not be committed to a mental hospital or
31	31	other inpatient or residential care facility or ordered to receive
32	32	outpatient or community-based treatment and supervision under
33	33	Subchapter F or under former Article 46.03, as applicable, for a
34	34	cumulative period that exceeds the maximum term provided by law for
35	35	the offense for which the acquitted person was tried.
36	36	(b) On expiration of that maximum term, the acquitted person
37	37	may be further confined in a mental hospital or other inpatient or
38	38	residential care facility or ordered to receive outpatient or
39	39	community-based treatment and supervision only under civil
40	40	commitment proceedings.
41	41	Art. 46C.303 [46C.268]. ADVANCE DISCHARGE OF ACQUITTED
42	42	PERSON AND TERMINATION OF JURISDICTION. (a) A [An acquitted]
43	43	person acquitted by reason of insanity, the head of the facility to
44	44	which the acquitted person is committed, the person responsible for
45	45	providing the outpatient or community-based treatment and
46	46	supervision, or the state may request that the court discharge an
47	47	acquitted person from inpatient commitment or outpatient or
48	48	community-based treatment and supervision.
49	49	(b) Not later than the 14th day after the date of the
50	50	request, the court shall hold a hearing on a request made by the
51	51	head of the facility to which the acquitted person is committed or
52	52	the person responsible for providing the outpatient or
53	53	community-based treatment and supervision.
54	54	(c) If a request is made by an acquitted person, the court
55	55	must act on the request not later than the 14th day after the date of
56	56	the request. A hearing under this subsection is at the discretion
57	57	of the court, except that the court shall hold a hearing if the
58	58	request and any accompanying material indicate that modification of
59	59	the order may be appropriate.
60	60	(d) If a request is made by an acquitted person not later
61	61	than the 90th day after the date of a hearing on a previous request,
62	62	the court is not required to act on the request except on the
63	63	expiration of the order or on the expiration of the 90-day period
64	64	following the date of the hearing on the previous request.
65	65	(e) The court shall rule on the request during or shortly
66	66	after any hearing that is held and in any case not later than the
67	67	14th day after the date of the request.
68	68	(f) The court shall discharge the acquitted person from all
69	69	court-ordered commitment and treatment and supervision and
70	70	terminate the court's jurisdiction over the person if the court
71	71	finds that the acquitted person has established by a preponderance
72	72	of the evidence that:
73	73	(1) the acquitted person does not have a severe mental
74	74	illness or mental retardation; or
75	75	(2) the acquitted person is not likely to cause
76	76	serious harm to another because of any severe mental illness or
77	77	mental retardation.
78	78	Art. 46C.304 [46C.269]. TERMINATION OF COURT'S
79	79	JURISDICTION. (a) The jurisdiction of the court over a person
80	80	acquitted by reason of insanity [covered by this subchapter]
81	81	automatically terminates on the date when the cumulative total
82	82	period of institutionalization and outpatient or community-based
83	83	treatment and supervision imposed under Subchapter F or under
84	84	former Article 46.03, as applicable, [this subchapter] equals the
85	85	maximum term of imprisonment provided by law for the offense of
86	86	which the person was acquitted [by reason of insanity].
87	87	(b) On the termination of the court's jurisdiction under
88	88	this article, the acquitted person must be discharged from any
89	89	inpatient treatment or residential care or outpatient or
90	90	community-based treatment and supervision ordered under Subchapter
91	91	F or under former Article 46.03, as applicable [this subchapter].
92	92	(c) The [An] inpatient or residential care facility to which
93	93	the acquitted [a] person has been committed [under this
94	94	subchapter] or the [a] person responsible for administering a
95	95	regimen of outpatient or community-based treatment and supervision
96	96	[under this subchapter] must notify the court not later than the
97	97	30th day before the court's jurisdiction over the acquitted person
98	98	ends under this article.
99	99	(d) This article [subchapter] does not affect whether a
100	100	person may be ordered to receive care or treatment under Subtitle C
101	101	or D, Title 7, Health and Safety Code.
102	102	SECTION 4. Article 46C.154, Code of Criminal Procedure, is
103	103	amended to read as follows:
104	104	Art. 46C.154. INFORMING JURY REGARDING CONSEQUENCES OF
105	105	ACQUITTAL. The court shall instruct the jury on [, the attorney
106	106	representing the state, or the attorney for the defendant may not
107	107	inform a juror or a prospective juror of] the consequences to the
108	108	defendant if a verdict of not guilty by reason of insanity is
109	109	returned.
110	110	SECTION 5. Article 46C.158, Code of Criminal Procedure, is
111	111	amended to read as follows:
112	112	Art. 46C.158. CONTINUING JURISDICTION OF DANGEROUS
113	113	ACQUITTED PERSON. If the court finds that the offense of which the
114	114	person was acquitted involved conduct that caused serious bodily
115	115	injury to another person, placed another person in imminent danger
116	116	of serious bodily injury, or consisted of a threat of serious bodily
117	117	injury to another person through the use of a deadly weapon, the
118	118	court retains jurisdiction over the acquitted person until either:
119	119	(1) the court discharges the person and terminates its
120	120	jurisdiction under Article 46C.303 [46C.268]; or
121	121	(2) the cumulative total period of
122	122	institutionalization and outpatient or community-based treatment
123	123	and supervision under the court's jurisdiction equals the maximum
124	124	term provided by law for the offense of which the person was
125	125	acquitted by reason of insanity and the court's jurisdiction is
126	126	automatically terminated under Article 46C.304 [46C.269].
127	127	SECTION 6. Article 46C.255(a), Code of Criminal Procedure,
128	128	is amended to read as follows:
129	129	(a) The following proceedings under this chapter must be
130	130	before the court, and the underlying matter determined by the
131	131	court, unless the acquitted person or the state requests a jury
132	132	trial or the court on its own motion sets the matter for jury trial:
133	133	(1) a hearing under Article 46C.253;
134	134	(2) a proceeding for renewal of an order under Article
135	135	46C.261;
136	136	(3) a proceeding on a request for modification or
137	137	revocation of an order under Article 46C.266; and
138	138	(4) a proceeding seeking discharge of an acquitted
139	139	person under Article 46C.303 [46C.268].
140	140	SECTION 7. Article 46C.259, Code of Criminal Procedure, is
141	141	amended to read as follows:
142	142	Art. 46C.259. STATUS OF COMMITTED PERSON. If an acquitted
143	143	person is committed under this subchapter, the person's status as a
144	144	patient or resident is governed by Subtitle C or D, Title 7, Health
145	145	and Safety Code, except that:
146	146	(1) transfer to a nonsecure unit is governed by
147	147	Article 46C.260;
148	148	(2) modification of the order to direct outpatient or
149	149	community-based treatment and supervision is governed by Article
150	150	46C.262; and
151	151	(3) discharge is governed by Article 46C.303
152	152	[46C.268].
153	153	SECTION 8. Article 46C.270(b), Code of Criminal Procedure,
154	154	is amended to read as follows:
155	155	(b) Either the acquitted person or the state may appeal
156	156	from:
157	157	(1) an Order of Commitment to Inpatient Treatment or
158	158	Residential Care entered under Article 46C.256;
159	159	(2) an Order to Receive Outpatient or Community-Based
160	160	Treatment and Supervision entered under Article 46C.257 or 46C.262;
161	161	(3) an order renewing or refusing to renew an Order for
162	162	Inpatient Commitment or Outpatient or Community-Based Treatment
163	163	and Supervision entered under Article 46C.261;
164	164	(4) an order modifying or revoking an Order for
165	165	Outpatient or Community-Based Treatment and Supervision entered
166	166	under Article 46C.266 or refusing a request to modify or revoke that
167	167	order; or
168	168	(5) an order discharging an acquitted person under
169	169	Article 46C.303 [46C.268] or denying a request for discharge of an
170	170	acquitted person.
171	171	SECTION 9. (a) Except as provided by Subsection (b) of this
172	172	section, the change in law made by this Act applies to a defendant
173	173	acquitted of an offense committed before, on, or after the
174	174	effective date of this Act.
175	175	(b) The change in law made by this Act in amending Section
176	176	8.01(a), Penal Code, and Article 46C.154, Code of Criminal
177	177	Procedure, applies only to a defendant acquitted of an offense
178	178	committed on or after the effective date of this Act. A defendant
179	179	acquitted of an offense committed before the effective date of this
180	180	Act is covered by the law in effect when the offense was committed,
181	181	and the former law is continued in effect for that purpose. For
182	182	purposes of this subsection, an offense was committed before the
183	183	effective date of this Act if any element of the offense was
184	184	committed before that date.
185	185	SECTION 10. This Act takes effect September 1, 2009.