Defendants with legitimate claims of insanity have a very difficult task in getting a fair and objective determination of their claims.  HB 1161 would take a step towards improving such defendant’s ability to get fair resolution of the claims.
HB 1161 would require that in jury trials the trial court tell the jury that if the defendant is acquitted because of insanity, the defendant would be subject to the procedure provided by legislation adopted during the 79th Regular Legislative Session and embodied in Chapter 46C of the Code of Criminal Procedure.

Too many jurors come to trial with an incorrect perception that acquittal on insanity grounds mean the defendant immediately or soon is permitted to return to the community despite his/her impairment.  This mis-perception cannot help but interfere with juror’s ability to objectively evaluate a defendant’s claim to the insanity defense.  The instructions required by the provision would remove this barrier to fair consideration of defendants’ claims of insanity.