| 1 | 1 | | 84R611 KEL-F |
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| 2 | 2 | | By: Ellis S.B. No. 369 |
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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 jury instructions regarding the insanity defense in a |
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| 8 | 8 | | criminal case. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 46C.154, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 46C.154. INFORMING JURY REGARDING CONSEQUENCES OF |
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| 13 | 13 | | ACQUITTAL. The court shall provide instruction to the jury to |
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| 14 | 14 | | inform the jury [, the attorney representing the state, or the |
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| 15 | 15 | | attorney for the defendant may not inform a juror or a prospective |
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| 16 | 16 | | juror] of the consequences to the defendant if a verdict of not |
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| 17 | 17 | | guilty by reason of insanity is returned, in substantially the |
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| 18 | 18 | | following form: |
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| 19 | 19 | | "A jury during its deliberations must never consider or |
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| 20 | 20 | | speculate concerning matters relating to the consequences of its |
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| 21 | 21 | | verdict. However, because of the lack of common knowledge |
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| 22 | 22 | | regarding the consequences of a verdict of 'not guilty by reason of |
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| 23 | 23 | | insanity,' I charge you that if you render this verdict there will |
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| 24 | 24 | | be hearings as to the defendant's present mental condition and, |
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| 25 | 25 | | where appropriate, involuntary commitment proceedings."[.] |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to a defendant charged with an offense committed on or after the |
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| 28 | 28 | | effective date of this Act. A defendant charged with an offense |
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| 29 | 29 | | committed before the effective date of this Act is covered by the |
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| 30 | 30 | | law in effect when the offense was committed, and the former law is |
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| 31 | 31 | | continued in effect for that purpose. For purposes of this section, |
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| 32 | 32 | | an offense was committed before the effective date of this Act if |
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| 33 | 33 | | any element of the offense occurred before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2015. |
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