| 1 | 1 | | By: Cortez H.B. No. 322 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to certain burdens of proof in determining a defendant's |
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| 7 | 7 | | insanity in a criminal case. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. This Act may be cited as the Kishana Mitchell |
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| 10 | 10 | | Act. |
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| 11 | 11 | | SECTION 2. Article 46C.153, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (a-1) to read as follows: |
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| 13 | 13 | | (a-1) The burden of proof described by Subsection (a)(2) |
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| 14 | 14 | | applies in a defendant's case regardless of any previous acquittal |
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| 15 | 15 | | of the defendant by reason of insanity or another prior judgment of |
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| 16 | 16 | | a court indicating the defendant's lack of sanity. |
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| 17 | 17 | | SECTION 3. The changes in law made by this Act apply only to |
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| 18 | 18 | | a trial or case relating to an offense committed on or after the |
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| 19 | 19 | | effective date of this Act. A trial or case relating to an offense |
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| 20 | 20 | | committed before the effective date of this Act is governed by the |
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| 21 | 21 | | law in effect when the offense was committed, and the former law is |
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| 22 | 22 | | continued in effect for that purpose. For purposes of this section, |
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| 23 | 23 | | an offense was committed before the effective date of this Act if |
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| 24 | 24 | | any element of the offense occurred before that date. |
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| 25 | 25 | | SECTION 4. This Act takes effect September 1, 2023. |
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