83R4297 MEW-F
By: McClendon H.B. No. 2572
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications of certain experts authorized to
examine a defendant and testify as to the issue of the defendant's
sanity or insanity in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 46C.102(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) The court may appoint qualified psychiatrists or
psychologists as experts under this chapter. To qualify for
appointment under this subchapter as an expert, a psychiatrist or
psychologist must:
(1) as appropriate, be a physician licensed in this
state or be a psychologist licensed in this state who has a doctoral
degree in psychology; and
(2) have the following certification [or experience]
or training:
(A) as appropriate, certification by:
(i) the American Board of Psychiatry and
Neurology with added or special qualifications in forensic
psychiatry; or
(ii) the American Board of Professional
Psychology in forensic psychology; or
(B) [experience or] training consisting of:
(i) at least 24 hours of specialized
forensic training relating to incompetency or insanity
evaluations; and
(ii) at least [five years of experience in
performing criminal forensic evaluations for courts; and
[(iii)] eight [or more] hours of continuing
education relating to forensic evaluations, completed in the 12
months preceding the appointment [and documented with the court].
(b) In addition to meeting qualifications required by
Subsection (a), to be appointed as an expert a psychiatrist or
psychologist must have completed a total of six hours of approved
[required] continuing education [in courses] in forensic
psychiatry or psychology[, as appropriate,] in the 24 months
preceding the appointment.
SECTION 2. The change in law made by this Act applies to a
defendant against whom proceedings are initiated under Chapter 46C,
Code of Criminal Procedure, before, on, or after the effective date
of this Act.
SECTION 3. This Act takes effect September 1, 2013.