December 10, 1957 

Honorable Tom Blackwell Opinion No. W-307 

County Attorney 

Travis County Re : How may a defendant convicted 

Austin, Texas of a misdemeanor who, after 

the date of conviction becomes 

insane, be committed to a 

Dear Mr. Blackwell: State hospital 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 State hospital 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 State hospitalk for the insane or mentally ill for the first time 

shall be committed under 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 charged with a criminal offense, is believed to be 

mentally ill, and that the welfare of himself and/or others requires that he be placed in a State hospital for 

the mentally ill for not exceeding ninety (90) days for 

observation and/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 person named, 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' (Emphasis ours) 
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 Procedure of the State of 

Texas.'" 

Article 932a, Vernon's Code of Criminal Procedure, 

is concerned with 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 statute which prescribes the procedure 

by which a person may be committed to a State Mental Hospital 

is Article 921 of Vernon's Code of Criminal Procedure, which 

provides: 

"If at any time after conviction and by the 

manner and method as hereinafter provided, it be 

made known to the Judge of the Court in which the 

indictment has been returned, that the defendant 

has become insane, since his conviction, a jury 

shall be empaneled as in ordinary Criminal cases 

to try the question of insanity." 

At first blush one might assume that Article 3193- 

1, Vernon's Civil Statutes, is in conflict with Article 921, 

Vernon's Code of Criminal Procedure. However, there is no 

conflict in the two articles. Article 3193-l provides that a 

person may be committed to a State hospital pursuant to Article 31930-l which is above set out in the opinion and which 

article clearly denies a person charged with a criminal offense the use of the State Mental Hospital facilities. 

Article 3193-l further provides that pursuant to 

Article 932a, Vernon's Code of Criminal Procedure, a person 

charged with a criminal offense could raise the issue of insanity and 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. 

Although Article 3193-l prescribes two methods by 

which a person may be committed to a State Mental Hospital, 

neither method is applicable to a person charged with a 

criminal offense. 

Article 31930-l specifically excludes persons charged 

with a criminal offense and Article 932a deals only with the 

insanity issue before trial of the main charge. 

Therefore, the only procedure by which a person convicted of a criminal act may be admitted to a State Mental 
Honorable Tom Blackwell, page 3 NW-307) 

Hospital is under Article 921, Vernon's Code of Criminal Procedure. Therefore, it is clear that the Legislature did 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 

person who becomes insane may be committed to a State hospital. 

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 person who becomes 

mentally ill after c,onviction of a crime. 

All Attorney General's Opinions in conflict herewith are overruled to the extent of such conflict. 

SUMMARY 

There is no conflict between Article 3193-1, 

Vernon's Civil Statutes, and Article 921, Vernon's 

Code of Criminal Procedure, and therefore a convicted person who 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 

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By 

Linward Shivers 

Assistant 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

Leonard Passmore 

C. K. Richards 

Mrs. Marietta McGregor Payne? 

REVIEWED FOR THE ATTORNEY GENERAL 

By: James N. Ludlum