HBA-SEP H.B. 434 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 434
By: Heflin
Criminal Jurisprudence
66/14/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law required a trial court to review,
no less often than once every 12 months, the continuing need for a
defendant acquitted of a criminal offense by reason of insanity to be
involuntarily committed for mental health treatment.  Courts with civil
mental health commitment authority are better suited to review these cases.
House Bill 434 authorizes a trial court to transfer to the appropriate
court for civil commitment proceedings a defendant acquitted of a criminal
offense by reason of insanity who the court determines committed an act,
attempt, or threat of serious bodily injury to another person.  
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 434 amends the Code of Criminal Procedure to authorize a trial
court to transfer to the appropriate court for civil commitment proceedings
a defendant acquitted of a criminal offense by reason of insanity who the
court determines committed an act, attempt, or threat of serious bodily
injury to another person.  The bill requires a trial court that transfers
the defendant to detain the defendant in jail or other suitable place
pending the initiation of civil proceedings. 

EFFECTIVE DATE

September 1, 2001.