Texas 2011 - 82nd Regular

Texas Senate Bill SB931

Filed
 
Out of Senate Committee
5/2/11  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the determination of incompetency in criminal cases.

Impact

The implementation of SB931 is expected to significantly impact the legal landscape concerning defendants facing criminal charges who are determined to be incompetent. By establishing clearer guidelines for restoration periods and the overall management of these cases, the bill aims to facilitate more timely evaluations and outcomes for individuals who may not be able to understand or participate in their defense due to mental incapacity. It provides structured timelines and procedures for outpatient treatment and competency restoration, potentially reducing delays in the legal process.

Summary

Senate Bill 931 pertains to the processes involved in determining the competency of defendants in criminal cases within Texas. The bill amends several articles of the Code of Criminal Procedure to enhance the provisions related to the assessment of a defendant's mental competence to stand trial. Specifically, the amendments update the criteria under which a judge in a criminal case may credit a defendant for time spent in confinement awaiting competency determinations, including time spent in mental health facilities. These processes are crucial as they affect the legal responsibilities and rights of defendants who may be experiencing mental health issues.

Contention

Notably, points of contention surrounding SB931 may arise from its implications on civil liberties and the judicial system's handling of mental health issues. Critics may express concerns that stringent policies regarding competency determinations could lead to extended periods of detention for those deemed incompetent, which might not align with the principles of due process. Furthermore, questions about the quality and accessibility of outpatient treatment programs may be a crucial aspect of discussions, as effective treatment is essential for defendants to regain their competency. Overall, the balance between public safety and the rights of individuals with mental health conditions is a prominent theme in the deliberations over this bill.

Companion Bills

TX HB2725

Identical Relating to the determination of incompetency in criminal cases.

Similar Bills

TX HB2725

Relating to the determination of incompetency in criminal cases.

TX SB2213

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

TX HB5465

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

TX SB1183

Relating to procedures regarding criminal defendants who are or may be persons with a mental illness or an intellectual disability and to the period for which a person may be committed to receive certain temporary mental health services.

TX SB1326

Relating to procedures regarding criminal defendants who are or may be persons with a mental illness or an intellectual disability and to certain duties of the Office of Court Administration of the Texas Judicial System related to persons with mental illness.

TX HB3001

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

TX HB748

Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.

TX SB1439

Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.