| 1 | 1 | | 83R4297 MEW-F |
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| 2 | 2 | | By: McClendon H.B. No. 2572 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the qualifications of certain experts authorized to |
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| 8 | 8 | | examine a defendant and testify as to the issue of the defendant's |
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| 9 | 9 | | sanity or insanity in a criminal case. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Articles 46C.102(a) and (b), Code of Criminal |
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| 12 | 12 | | Procedure, are amended to read as follows: |
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| 13 | 13 | | (a) The court may appoint qualified psychiatrists or |
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| 14 | 14 | | psychologists as experts under this chapter. To qualify for |
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| 15 | 15 | | appointment under this subchapter as an expert, a psychiatrist or |
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| 16 | 16 | | psychologist must: |
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| 17 | 17 | | (1) as appropriate, be a physician licensed in this |
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| 18 | 18 | | state or be a psychologist licensed in this state who has a doctoral |
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| 19 | 19 | | degree in psychology; and |
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| 20 | 20 | | (2) have the following certification [or experience] |
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| 21 | 21 | | or training: |
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| 22 | 22 | | (A) as appropriate, certification by: |
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| 23 | 23 | | (i) the American Board of Psychiatry and |
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| 24 | 24 | | Neurology with added or special qualifications in forensic |
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| 25 | 25 | | psychiatry; or |
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| 26 | 26 | | (ii) the American Board of Professional |
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| 27 | 27 | | Psychology in forensic psychology; or |
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| 28 | 28 | | (B) [experience or] training consisting of: |
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| 29 | 29 | | (i) at least 24 hours of specialized |
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| 30 | 30 | | forensic training relating to incompetency or insanity |
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| 31 | 31 | | evaluations; and |
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| 32 | 32 | | (ii) at least [five years of experience in |
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| 33 | 33 | | performing criminal forensic evaluations for courts; and |
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| 34 | 34 | | [(iii)] eight [or more] hours of continuing |
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| 35 | 35 | | education relating to forensic evaluations, completed in the 12 |
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| 36 | 36 | | months preceding the appointment [and documented with the court]. |
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| 37 | 37 | | (b) In addition to meeting qualifications required by |
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| 38 | 38 | | Subsection (a), to be appointed as an expert a psychiatrist or |
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| 39 | 39 | | psychologist must have completed a total of six hours of approved |
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| 40 | 40 | | [required] continuing education [in courses] in forensic |
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| 41 | 41 | | psychiatry or psychology[, as appropriate,] in the 24 months |
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| 42 | 42 | | preceding the appointment. |
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| 43 | 43 | | SECTION 2. The change in law made by this Act applies to a |
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| 44 | 44 | | defendant against whom proceedings are initiated under Chapter 46C, |
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| 45 | 45 | | Code of Criminal Procedure, before, on, or after the effective date |
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| 46 | 46 | | of this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2013. |
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