## THE ATTORNEY GENERAL
OF%%XAS'

The Honorable Kenneth D. Gaver Opinion No. H-779 Commisrioner Texas Department **of** Mental Health Re: Commitment and and Mental Retardation detention of defendants P. 0. Box 12668, Capitol Station Austin, Texar 70711 found to be incompetent to stand trial or not guilty by reason of insanity.
Dear Doctor Gaver:
You have repueetedour opinion regarding the applicability of rev.i,eed article 46.02, Texas Code of Criminal Procedure, to those pereona committedunder its former provisions. Article 46.02 ertabliehesa procedureby which persons who have been determined incompetent to stand trial are committed to a mental health facility for a period not to exceed twelvemontha. Whenever the head of the facility believes that a committeddefendant ha8 attained competency to stand trial, or believer that there is **no** eubstantial probability that the defendantwill attain euch competency within the foreseeable future, or, in the alternative,after the defendant haa **been** committed for a period of twelve montha, to civilthe defendantmay be tried, released, or subjected

commitmentproceedings,whichever is appropriate. Unlike theprocedure **under** the old **statute,** the defendant is not subject to repeatedorders of temporary commitment. Sec. 5(h). Furthermore, the court no longerhas the authority to confine **a** defendant for longer than one year under the temporary conunitment procedure. Sec. 5(e). you first **ask** when the twelvemonth period provided in section 5 of article 46.62 begin6 to run with respect to **a** person who, pursuant to the former statute,had been found insane at the time of trial and ha& been committed to a mental health facility prior to June 19, 1975, the effectivedate of the revised statute.

p. 3209The Honorable Kenneth D. Gaver - page 2 (H-779)

Initially,we observe that revised article 46.02may be characterizedas remedial legislation,and, as such, not subject to the constitutional inhibition against the passage of retroactive laws. Holt v. Wheeler, 301 S.W.Zd 678, 680 (Tex.Civ.App.-- Galv~n~9~t dism'd)

. A remedial law is one which is

designed to correct an existing law, redress an existing grievance, or introduce regulations conducive to the public g00a. The termmay also be used to describe

those statutesor amendmentswhich apply to proceduralmatters rather than to-substantiverights. Rookled e v. Garwood, 65N.W.28 795, 7d."T954).
See 73Am.Jur.2d Statutes 9 11. In **our** opinion, the revision rarticle 46.02 **may** be fairly deemed to be remedial in nature. Its only effect is to limit the period of a defendant's temporary oommitment and to establishprocedures for furtherdisposition. It correctsprocedureswhich the' Legislature apparently regarded as defective,but it does not affect any person's substantiverights. Revised article 46.02 completely replaced its predecessor. Acts 1975, 64th Leg., ch. 415,p. 1095. Since there is no constitutionalbar to the retroactive application of revised article 46.02, and since the revised statute was the only **one** in effect after June 19, 1975,we conclude that persons already committed at the time the statute became effectivewere, after such date, being held pursuant to the terms of the revised statute. As a result, the twelvemonth periodmust be deemed to have begun to run on the date such personswere actually committod. Likewise, since the revised statute is fully applicable to persons already committed on June 19, 1975,we believe that the prohibitionof section 5(h) of article 46.02prevents the recommitmentof such persons under a temporary commitment procedure.

p.3290The Honorable Kenneth **D. Gaver**  **-** page 3 (M-779)

SUMMARY The twelvemonth period provided for in section 5 of article 46.02, Texas Code of Criminal Procedure, began to run, as to all persons committed prior to the effective date of the revised statute, on the date suchpersons were actually committed. A court is now prohibitedby section 5(h) from temporarilyrecommittingany person, regardless of when suchperson was initially committed. truly yours,

Attorney General of **Texas**
APPROVED:

Opinion Committee jwb

p.3291