Texas House Bill HB2973

Texas 2009 - 81st Regular

• Out of House Committee: 4/21/09

Caption

Relating to the insanity defense in a criminal case.

Impact

Further, the bill introduces Subchapter G to Chapter 46C of the Code of Criminal Procedure, establishing guidelines for persons acquitted by reason of insanity. It sets forth the processes for commitment to mental health facilities, the maximum period of such commitment, and the conditions under which an acquitted individual may be discharged. A significant provision stipulates that a person acquitted by reason of insanity shall not be committed for longer than the maximum term provided by law for the offense with which they were charged. This amendment seeks to balance the need for public safety with the rights of individuals with severe mental health issues.

Summary

House Bill 2973 seeks to revise the statutory provisions related to the insanity defense in criminal cases in Texas. The bill amends Section 8.01(a) of the Penal Code to specify that a defendant may assert an affirmative defense to prosecution if, due to a severe mental disease or defect, they were unable to appreciate their conduct's nature and quality or its legal or moral implications. This adjustment aims to clarify the criteria under which individuals may claim an insanity defense, ensuring that it is appropriately applicable to cases of severe mental health issues.

Contention

The introduction of this bill might prompt discussions around the adequacy of mental health resources and the state's responsibilities towards individuals acquitted due to insanity. Critics may argue that the limitations on the duration of commitment could lead to the premature release of individuals who may still pose a danger, highlighting a potential conflict between individual rights and community safety. Proponents, on the other hand, would emphasize the need for humane treatment of individuals with mental health disorders, advocating for a legal framework that respects both their condition and their rights following an acquittal.