Bill Text: TX HB322 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to certain burdens of proof in determining a defendant's insanity in a criminal case.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-12 - Received from the House [HB322 Detail]
Download: Texas-2023-HB322-Engrossed.html
| By: Cortez | H.B. No. 322 | |
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| relating to certain burdens of proof in determining a defendant's | ||
| insanity in a criminal case. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Kishana Mitchell | ||
| Act. | ||
| SECTION 2. Article 46C.153, Code of Criminal Procedure, is | ||
| amended by adding Subsection (a-1) to read as follows: | ||
| (a-1) The burden of proof described by Subsection (a)(2) | ||
| applies in a defendant's case regardless of any previous acquittal | ||
| of the defendant by reason of insanity or another prior judgment of | ||
| a court indicating the defendant's lack of sanity. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a trial or case relating to an offense committed on or after the | ||
| effective date of this Act. A trial or case relating to an offense | ||
| committed before the effective date of this Act is governed 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 section, | ||
| an offense was committed before the effective date of this Act if | ||
| any element of the offense occurred before that date. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
