Highlights of the 79th Texas Legislature - Senate

JURISPRUDENCE
• have at least five years of experience in criminal litigation;
• have tried to a verdict as lead defense counsel a significant number of felony cases, including homicide
trials and other trials for offenses punishable as second or first degree felonies or capital felonies;
• have trial experience in the use of and challenges to mental health or forensic expert witnesses and
investigating and presenting mitigating evidence at the penalty phase of a death penalty trial; and
• have participated in continuing legal education courses or other training relating to criminal defense in death
penalty cases.
Requires the committee to prominently post the standards in each district clerk’s office in the region with a list of
attorneys qualified for appointment.
Provides that not later than the second anniversary of the date an attorney is placed on the list of attorneys qualified
for appointment in death penalty cases and each year following the second anniversary, the attorney must present
proof to the committee that the attorney has successfully completed the minimum continuing legal education
requirements of the State Bar of Texas, including a course or other form of training relating to the defense of death
penalty cases.
Requires the committee to remove the attorney’s name from the list of qualified attorneys if the attorney fails to
provide the committee with proof of completion of the continuing legal education requirements.
Eligibility for Release from Jail After a Delay In Prosecution─S.B. 599
By Senator Staples—House Sponsors: Representatives Gattis and Hopson
Current law requires a criminal defendant to be released on a reduced bond or a personal bond if the state is not
ready for trial within 90 days of arrest in a felony case. A defendant who violates a condition of the bond must be
offered an additional bond because current law does not allow the state to hold the defendant without bond until the
time of the trial. This bill:
Authorizes a judge to deny a defendant a bond if the defendant has violated a condition of the original bond.
Revising Laws Regarding the Insanity Defense—S.B. 837
By Senator Wentworth—House Sponsor: Representative Keel
Article 46.03 (Insanity Defense), Code of Criminal Procedure, sets out the procedures for the examination, trial, and
disposition of individuals accused of a crime who offer the defense of not guilty by reason of insanity (NGRI). The
Senate Jurisprudence Committee, in its Interim Report to the 79th Legislature, recommended legislation to revise the
laws regarding NGRI. This bill:
Adds Chapter 46C to the Code of Criminal Procedure and defines terms used in this new chapter.
Provides that a person acquitted by NGRI may not be committed for a cumulative period, including both
institutionalization and out-patient supervision, that exceeds the maximum term provided by law for the offense for
which the acquitted person was tried. Upon expiration of the maximum term, the person may be institutionalized or
ordered to received out-patient treatment only under civil commitment proceedings.
Sets out the procedures for defendants seeking to raise the insanity defense.
170 HIGHLIGHTS - 79 TH TEXAS LEGISLATURE