Bill Caption

Relating to procedures regarding defendants who are or may be persons with a mental illness or intellectual disability.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 4212 would make certain changes to laws regarding criminal defendants with a mental illness or disability. The bill would permit a motion in a criminal proceeding to determine whether probable cause exists to believe that a defendant lacks the capacity to understand the criminal proceedings or is unfit to proceed in them. If the court determines probable cause exists, the court would be permitted to dismiss the charges. Such a dismissal would be eligible for an appeal by the state.

HB 4212 would also prohibit judges  from accepting plea of guilty or no contest unless it appears that the defendant is mentally competent and the plea is free and voluntary.

HB 4212 would create new procedures and requirements for competency restoration programs provided to such defendants. It would exempt a magistrate from conducting a mental health interview for a defendant if the defendant is no longer in custody. A personal bond given to a defendant found to have a mental illness or disability would not have to include the required oath. It would also permit the modification of a court order for inpatient treatment or residential care. If enacted, psychiatrists and psychologists appointed as experts in insanity defense cases would not have to have at least five years of experience in performing evaluations for courts, only the required training.

Vote Recommendation Notes

Texas Action is neutral on HB 4212.