81R10735 KEL-F
	By: Coleman	H.B. No. 2973

	A BILL TO BE ENTITLED
	AN ACT
	relating to the insanity defense in a criminal case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 8.01(a), Penal Code, is amended to read
	as follows:
	(a)  It is an affirmative defense to prosecution that, at the
	time of the conduct charged, the actor, as a result of severe mental
	disease or defect:
	(1)  was unable to appreciate the nature and quality of
	the actor's conduct; or
	(2)  [,] did not appreciate [know] that the actor's
	[his] conduct was legally or morally wrong.
	SECTION 2.  Chapter 46C, Code of Criminal Procedure, is
	amended by adding Subchapter G to read as follows:
	SUBCHAPTER G. PROVISIONS APPLICABLE TO PERSONS ACQUITTED
	BY REASON OF INSANITY UNDER THIS CHAPTER OR PRIOR LAW
	Art. 46C.301.  APPLICABILITY OF SUBCHAPTER. This subchapter
	applies to a person acquitted by reason of insanity under this
	chapter or under former Article 46.03, as that article existed
	before September 1, 2005.
	SECTION 3.  Articles 46C.002, 46C.268, and 46C.269, Code of
	Criminal Procedure, are transferred to Subchapter G, Chapter 46C,
	Code of Criminal Procedure, as added by this Act, renumbered as
	Articles 46C.302, 46C.303, and 46C.304, respectively, and amended
	to read as follows:
	Art. 46C.302 [46C.002]. MAXIMUM PERIOD OF COMMITMENT
	DETERMINED BY MAXIMUM TERM FOR OFFENSE. (a)  A person acquitted by
	reason of insanity may not be committed to a mental hospital or
	other inpatient or residential care facility or ordered to receive
	outpatient or community-based treatment and supervision under
	Subchapter F or under former Article 46.03, as applicable, for a
	cumulative period that exceeds the maximum term provided by law for
	the offense for which the acquitted person was tried.
	(b)  On expiration of that maximum term, the acquitted person
	may be further confined in a mental hospital or other inpatient or
	residential care facility or ordered to receive outpatient or
	community-based treatment and supervision only under civil
	commitment proceedings.
	Art. 46C.303 [46C.268]. ADVANCE DISCHARGE OF ACQUITTED
	PERSON AND TERMINATION OF JURISDICTION. (a) A [An acquitted]
	person acquitted by reason of insanity, the head of the facility to
	which the acquitted person is committed, the person responsible for
	providing the outpatient or community-based treatment and
	supervision, or the state may request that the court discharge an
	acquitted person from inpatient commitment or outpatient or
	community-based treatment and supervision.
	(b)  Not later than the 14th day after the date of the
	request, the court shall hold a hearing on a request made by the
	head of the facility to which the acquitted person is committed or
	the person responsible for providing the outpatient or
	community-based treatment and supervision.
	(c)  If a request is made by an acquitted person, the court
	must act on the request not later than the 14th day after the date of
	the request. A hearing under this subsection is at the discretion
	of the court, except that the court shall hold a hearing if the
	request and any accompanying material indicate that modification of
	the order may be appropriate.
	(d)  If a request is made by an acquitted person not later
	than the 90th day after the date of a hearing on a previous request,
	the court is not required to act on the request except on the
	expiration of the order or on the expiration of the 90-day period
	following the date of the hearing on the previous request.
	(e)  The court shall rule on the request during or shortly
	after any hearing that is held and in any case not later than the
	14th day after the date of the request.
	(f)  The court shall discharge the acquitted person from all
	court-ordered commitment and treatment and supervision and
	terminate the court's jurisdiction over the person if the court
	finds that the acquitted person has established by a preponderance
	of the evidence that:
	(1)  the acquitted person does not have a severe mental
	illness or mental retardation; or
	(2)  the acquitted person is not likely to cause
	serious harm to another because of any severe mental illness or
	mental retardation.
	Art. 46C.304 [46C.269]. TERMINATION OF COURT'S
	JURISDICTION. (a)  The jurisdiction of the court over a person
	acquitted by reason of insanity [covered by this subchapter]
	automatically terminates on the date when the cumulative total
	period of institutionalization and outpatient or community-based
	treatment and supervision imposed under Subchapter F or under
	former Article 46.03, as applicable, [this subchapter] equals the
	maximum term of imprisonment provided by law for the offense of
	which the person was acquitted [by reason of insanity].
	(b)  On the termination of the court's jurisdiction under
	this article, the acquitted person must be discharged from any
	inpatient treatment or residential care or outpatient or
	community-based treatment and supervision ordered under Subchapter
	F or under former Article 46.03, as applicable [this subchapter].
	(c)  The [An] inpatient or residential care facility to which
	the acquitted [a]  person has been committed [under this
	subchapter] or the [a] person responsible for administering a
	regimen of outpatient or community-based treatment and supervision
	[under this subchapter] must notify the court not later than the
	30th day before the court's jurisdiction over the acquitted person
	ends under this article.
	(d)  This article [subchapter] does not affect whether a
	person may be ordered to receive care or treatment under Subtitle C
	or D, Title 7, Health and Safety Code.
	SECTION 4.  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 instruct the jury on [, 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.
	SECTION 5.  Article 46C.158, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 46C.158.  CONTINUING JURISDICTION OF DANGEROUS
	ACQUITTED PERSON. If the court finds that the offense of which the
	person was acquitted involved conduct that caused serious bodily
	injury to another person, placed another person in imminent danger
	of serious bodily injury, or consisted of a threat of serious bodily
	injury to another person through the use of a deadly weapon, the
	court retains jurisdiction over the acquitted person until either:
	(1)  the court discharges the person and terminates its
	jurisdiction under Article 46C.303 [46C.268]; or
	(2)  the cumulative total period of
	institutionalization and outpatient or community-based treatment
	and supervision under the court's jurisdiction equals the maximum
	term provided by law for the offense of which the person was
	acquitted by reason of insanity and the court's jurisdiction is
	automatically terminated under Article 46C.304 [46C.269].
	SECTION 6.  Article 46C.255(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  The following proceedings under this chapter must be
	before the court, and the underlying matter determined by the
	court, unless the acquitted person or the state requests a jury
	trial or the court on its own motion sets the matter for jury trial:
	(1)  a hearing under Article 46C.253;
	(2)  a proceeding for renewal of an order under Article
	46C.261;
	(3)  a proceeding on a request for modification or
	revocation of an order under Article 46C.266; and
	(4)  a proceeding seeking discharge of an acquitted
	person under Article 46C.303 [46C.268].
	SECTION 7.  Article 46C.259, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 46C.259.  STATUS OF COMMITTED PERSON.  If an acquitted
	person is committed under this subchapter, the person's status as a
	patient or resident is governed by Subtitle C or D, Title 7, Health
	and Safety Code, except that:
	(1)  transfer to a nonsecure unit is governed by
	Article 46C.260;
	(2)  modification of the order to direct outpatient or
	community-based treatment and supervision is governed by Article
	46C.262; and
	(3)  discharge is governed by Article 46C.303
	[46C.268].
	SECTION 8.  Article 46C.270(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  Either the acquitted person or the state may appeal
	from:
	(1)  an Order of Commitment to Inpatient Treatment or
	Residential Care entered under Article 46C.256;
	(2)  an Order to Receive Outpatient or Community-Based
	Treatment and Supervision entered under Article 46C.257 or 46C.262;
	(3)  an order renewing or refusing to renew an Order for
	Inpatient Commitment or Outpatient or Community-Based Treatment
	and Supervision entered under Article 46C.261;
	(4)  an order modifying or revoking an Order for
	Outpatient or Community-Based Treatment and Supervision entered
	under Article 46C.266 or refusing a request to modify or revoke that
	order; or
	(5)  an order discharging an acquitted person under
	Article 46C.303 [46C.268] or denying a request for discharge of an
	acquitted person.
	SECTION 9.  (a) Except as provided by Subsection (b) of this
	section, the change in law made by this Act applies to a defendant
	acquitted of an offense committed before, on, or after the
	effective date of this Act.
	(b)  The change in law made by this Act in amending Section
	8.01(a), Penal Code, and Article 46C.154, Code of Criminal
	Procedure, applies only to a defendant acquitted of an offense
	committed on or after the effective date of this Act. A defendant
	acquitted of 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 subsection, an offense was committed before the
	effective date of this Act if any element of the offense was
	committed before that date.
	SECTION 10.  This Act takes effect September 1, 2009.