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A BILL TO BE ENTITLED
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AN ACT
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relating to jury instructions regarding the insanity defense in a |
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criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46C.154, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46C.154. INFORMING JURY REGARDING CONSEQUENCES OF |
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ACQUITTAL. The court shall provide instruction to the jury to |
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inform the jury [, the attorney representing the state, or the
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attorney for the defendant may not inform a juror or a prospective
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juror] of the consequences to the defendant if a verdict of not |
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guilty by reason of insanity is returned, in substantially the |
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following form: |
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"A jury during its deliberations must never consider or |
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speculate concerning matters relating to the consequences of its |
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verdict. However, because of the lack of common knowledge |
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regarding the consequences of a verdict of 'not guilty by reason of |
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insanity,' I charge you that if you render this verdict there will |
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be hearings as to the defendant's present mental condition and, |
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where appropriate, involuntary commitment proceedings."[.] |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant charged with an offense committed on or after the |
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effective date of this Act. A defendant charged with an offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |