HBA-JLV S.B. 553 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 553
By: Duncan
Criminal Jurisprudence
5/5/2001
Engrossed


BACKGROUND AND PURPOSE 

Currently, evaluations of a criminal defendant's competency to stand trial
vary throughout the state, which can lead to an equal protection problem.
Senate Bill 553 establishes a task force to review the methods and
procedures used to evaluate a criminal defendant's competency to stand
trial and the use of the insanity defense.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 553 establishes a task force to review the methods and
procedures used to evaluate a criminal defendant's competency to stand
trial and use of the insanity defense and to submit a report to the 78th
Legislature.  The task force serves in an advisory capacity and is composed
of 16 certain members.  The bill provides that initial appointments to the
task force must be made not later than December 31, 2001. The bill requires
the task force to elect a presiding officer from its members at its first
meeting and  to meet at least four times each year and it is authorized to
meet at other times at the call of the presiding officer.  

The bill requires the Texas Council on Offenders with Mental Impairments to
perform the administrative functions of the task force. The bill provides
that the task force is not subject to provisions governing state agency
advisory committees.  The bill prohibits a member of the task force from
receiving compensation but provides that a member is entitled to
reimbursement of the travel expenses incurred by the member while
conducting task force business, as provided in the General Appropriations
Act.  In conducting its review of the methods and procedures used to
evaluate a criminal defendant's competency to stand trial and use of the
insanity defense, the task force is required to perform specified tasks.
The bill authorizes the task force to take other action it considers
necessary or advisable to conduct an effective review.  The bill requires
the task force to submit a report based on its findings to the legislature
not later than December 31, 2002, and to submit to the legislature specific
recommendations for legislation, as part of its report. The bill provides
that this Act expires and the task force established under this Act is
abolished February 1, 2003.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.