HBA-JLV, AMW, EDN H.B. 1071 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1071
By: Farabee
Criminal Jurisprudence
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Although there were a number of mechanisms in place to divert certain
offenders with mental illness or mental retardation from jails to
appropriate facilities, prior to the 77th Legislature state law did not
expressly define the procedures for diverting individuals to mental health
facilities.  As a result, many judges and attorneys were uncertain about
how to determine which individuals were appropriate for diversion and were
hesitant to divert individuals to mental health facilities.  House Bill
1071 incorporates specific references to the role of local mental health
and mental retardation authorities in performing evaluations of defendants
and making recommendations to the court in regard to diverting certain
offenders from jail to mental health facilities, modifies the contents of
the defendant's evaluation report, and modifies provisions relating to
mental health examinations and the release of a defendant on personal bond.

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1071 amends the Code of Criminal Procedure to include a local
mental health or mental retardation authority among the mental health or
mental retardation experts authorized to conduct an examination of a
defendant's mental health.   The bill modifies provisions relating to a
submission order by a magistrate or court, authorizing the magistrate or
court to order the defendant to submit to examination in a mental health
facility determined to be appropriate by the local authority.  In addition,
the bill authorizes a magistrate or court to order a defendant to a
facility operated by the Texas Department of Mental Health and Mental
Retardation for examination on request of the local authority (Arts. 16.22
and 46.02).  The bill also requires that a written report of the
examination include whether the defendant is competent to stand trial.  The
bill authorizes the court, once the court receives the examining expert's
report, to resume proceedings related to the defendant's release on
personal bond or proceedings affecting the defendant's receipt of
appropriate court-ordered mental health or mental retardation services,
including proceedings related to the defendant's receipt of outpatient
mental health services (Art. 16.22).  The bill modifies provisions relating
to the conditions of release of a defendant on personal bond (Art. 17.032). 

The bill requires the court, when a defendant has been determined
incompetent to stand trial for a felony or misdemeanor because of mental
illness or mental retardation, to determine whether the conduct committed
by the defendant involved an act, attempt, or threat of serious bodily
injury to another person. If the court determines that the defendant's
conduct involved an act, attempt, or threat of serious bodily injury to
another person, the court is required to enter an order committing the
defendant to the maximum security unit of certain facilities.  If the court
determines that the defendant's conduct did not involve an act, attempt, or
threat of serious bodily injury to another person, the court is required to
enter an order committing the defendant to a mental health facility
determined appropriate by the local authority.  On request of the local
authority, the court is authorized to enter an order committing the
defendant to a facility operated by the department (Art. 46.02).   

 The bill amends the Family Code to authorize the juvenile court to order a
referred child to be examined by the local mental health or mental
retardation authority (Sec. 51.20). 

EFFECTIVE DATE

September 1, 2001.