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.