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