Bill Text: TX HB322 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
88R114 TSS-D | ||
By: Cortez | H.B. No. 322 |
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relating to certain evidentiary presumptions and burdens of proof | ||
in determining a defendant's incompetency to stand trial or a | ||
defendant's insanity in a criminal case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.003, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) The presumption of the defendant's competency and the | ||
burden of proof to establish the defendant's incompetency as | ||
described by Subsection (b) each apply in the trial of the case | ||
regardless of any finding of the defendant's incompetency to stand | ||
trial in a previous case. | ||
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. |