December 10, 

### 1957

Honorable Tom Blackwell OpinionNo. 

### W-307 CountyAttorney Travis County Re : How may a defendant convicted Austin, Texas of a misdemeanorwho, after the date of convictionbecomes insane, be committed to a Dear Mr. Blackwell: Statehospital for treatment?

You have requested of this office an opinion concerning the procedure by which a defendant convicted of a misdemeanor, who after the date of conviction becomes insane,may be committed to a Statehospital for treatment.

There are two statutes controlling the procedure by which a person may be committed to a State Mental Hospital. Section 2 of Article 

### 3193-1,Vernon's Civil Statutes,as amended, provides: "Sec. 2. All persons committed to a Statehospitalk for the insane or mentally ill for the first time shall be committedunder the provisions of the following Acts, and not otherwise: "I. Acts 

### 1937,45th Legislature page 5lt2,Chapter 

### 268,being codified as Article 31930-1, Vernon's Civil Statutes of the State of Texas;'~* which Article provides:

"If information in writing and under oath be given to any County Judge that any person in his county who is not chargedwith a criminal offense, is believed to be mentally ill, and that the welfare of himself and/or others requires thathe be placed in a State hospital for the mentally ill for not exceedingninety (90)days for observationand/or treatment,and such County Judge shall believe such information to be true,he shall forthwith, in termtime or vacation, fix a day and place for the hearing and determining of the matter, which place shall be either in the Courthouse of the county, or at the residence of the personnamed, or at any other place in the county, as the County Judge may deem best for such person and shall give notice to such person of the time and place of such hearing.

. . .'I'(Emphasisours)Honorable Tom Blackwell,page 2 

### (ww-307)

'"2.Acts 

### 1937,45th Legislature,page 1172, Chapter 466, being codified as Article 932a,Vernon's Code of Criminal Procedureof the State of Texas.'" Article 932a,Vernon's Code of Criminal Procedure, is concernedwith the insanity of a person at the time of the criminal offense or at the time of the trial, and the effect of this finding by a jury.

The second statutewhich prescribes the procedure by which a personmay be committed to a State Mental Hospital isArticle 921 of Vernon's Code of Criminal Procedure,which provides:
"If at any time after convictionand by the manner and method as hereinafterprovided, it be made known to the Judge of the Court in which the indictmenthas been returned, that the defendant has become insane, sincehis conviction,a jury shall be empaneledas in ordinary Criminal cases to try the question of insanity."
At first blush one might assume thatArticle 

### 3193- 1, Vernon's Civil Statutes, is in conflictwith Article 921, Vernon's Code of Criminal Procedure. However, there is no conflict in the two articles. Article 

### 3193-lprovides that a personmay be committed to a State hospital pursuant to Article 

### 31930-lwhich is above set out in the opinionand which article clearly denies a person chargedwith a criminal offense the use of the State Mental Hospital facilities.

Article 

### 3193-lfurther provides that pursuant to Article 932a,Vernon's Code of Criminal Procedure,a person chargedwith a criminal offense could raise the issue of insanityand have that issue tried before the main charge and in the event a verdict of insanity is returned, then the person may be committed to a mental hospital.

AlthoughArticle 

### 3193-lprescribes twomethods by which a person may be committed to a State Mental Hospital, neither method is applicable to a person chargedwith a criminal offense.

Article 

### 31930-lspecificallyexcludes persons charged with a criminal offenseand Article 932a deals onlywith the insanity issue before trial of the main charge.

Therefore, the only procedureby which a person convicted of a criminalact may be admitted to a State MentalHonorable Tom Blackwell,page 3 

### NW-307)

Hospital is under Article 921, Vernon's Code of Criminal Procedure. Therefore, it is clear that the Legislaturedid not intend for Article 921,Vernon's Code of Criminal Procedure, to be repealed by Article 

### 3193-1,Vernon's Civil Statutes, and thereby abolishing the only method by which a convicted personwho becomes insanemay be committed to a Statehospital. Therefore it is the opinion of this office that Article 921 of Vernon's Code of Criminal Procedure is the proper procedure to follow for the commitment of a personwho becomes mentally ill after c,onviction of a crime.
All Attorney General's Opinions in conflictherewith are overruled to the extent of such conflict.

SUMMARY There is no conflict betweenArticle 

### 3193-1, Vernon's Civil Statutes, and Article 921, Vernon's Code of Criminal Procedure,and therefore a convicted personwho becomes mentally ill after trial may be committed to a State Mental Hospital pursuant to Article 921,Vernon's Code of Criminal Procedure.
Yours very truly,

LS:wam:wb WILL WILSON Attorney General of Texas

Q-c /;, ..Lv L~,LdLf.. (,J,T,~i : I 1

..' _~' By Linward Shivers Assistant
APPROVED: OPINION COMMITTEE
Geo. P. Blackburn, Chairman Leonard Passmore C. K. Richards Mrs. Marietta McGregor Payne?
REVIEWED FOR THEATTORNEY GENERAL By: James N. Ludlum