Baker's Legal Pages are a public service of Freelance Enterprises, Inc.

From the 2005 Regular Session of the Texas Legislature

(This file was created by automatic conversion software.

See caveat and source notes at the 79th Regular Session page)

Select display:

show added and deleted text (text of bill as enacted)
hide deleted text (text in effect after effective date of bill)
hide added text (text in effect before effective date of bill)



	H.B. No. 2194



AN ACT



relating to the review of
the results of competency examinations in criminal
cases by the Texas Correctional Office on Offenders
with Medical or Mental Impairments.


BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF TEXAS:


SECTION 1.  Article 46B.025,
Code of Criminal Procedure, is amended by adding Subsection
(d) to read as follows:


(d)  The court shall direct
an expert to provide the expert's report to the court
and the appropriate parties in the form approved by
the Texas Correctional Office on Offenders with Medical
or Mental Impairments under Section 614.0032(b), Health
and Safety Code.


SECTION 2.  Article 46B.026,
Code of Criminal Procedure, is amended by adding Subsection
(c) to read as follows:


(c)  As soon as practicable
after the court receives a report under this article,
the court shall forward the report to the Texas Correctional
Office on Offenders with Medical or Mental Impairments
to enable that office to discharge its duties under
Section 614.0032(b), Health and Safety Code.


SECTION 3.  Section 614.0032(b),
Health and Safety Code, is amended to read as follows:


(b)  The office, with the
special assistance of committee members appointed under
Section 614.002(b)(1), shall review examinations to
determine the competency of defendants in criminal
cases to stand trial and periodically shall report
findings made as a result of the review to the legislature
and the court of criminal appeals.  The office shall
approve and make generally available in electronic
format a standard form for use by experts in reporting
competency examination results under Chapter 46B, Code
of Criminal Procedure.


SECTION 4.  This Act takes
effect immediately if it receives a vote of two-thirds
of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution.  If
this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.




______________________________	______________________________


   President of the Senate	Speaker
of the House      


I certify that H.B. No. 2194
was passed by the House on April 19, 2005, by the following
vote:  Yeas 141, Nays 0, 1 present, not voting.



______________________________




Chief
Clerk of the House   



I certify that H.B. No. 2194
was passed by the Senate on May 25, 2005, by the following
vote:  Yeas 31, Nays 0.



______________________________




Secretary
of the Senate    



APPROVED:  _____________________


                    Date 
        


           _____________________


                  Governor