Bill Text: TX HB140 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Engrossed - Dead) 2021-05-17 - Received from the House [HB140 Detail]
Download: Texas-2021-HB140-Engrossed.html
87R2794 ADM-D | ||
By: Rose, Thompson of Harris, Coleman, Leach, | H.B. No. 140 | |
Krause, et al. |
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relating to the applicability of the death penalty to a capital | ||
offense committed by a person with severe mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 46D to read as follows: | ||
CHAPTER 46D. CAPITAL CASE: SEVERE MENTAL ILLNESS | ||
Art. 46D.001. DEFINITION. In this chapter, "person with | ||
severe mental illness" means a person who has schizophrenia, a | ||
schizoaffective disorder, or a bipolar disorder and, as a result of | ||
that disorder, has active psychotic symptoms that substantially | ||
impair the person's capacity to: | ||
(1) appreciate the nature, consequences, or | ||
wrongfulness of the person's conduct; or | ||
(2) exercise rational judgment in relation to the | ||
person's conduct. | ||
Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant | ||
who at the time of the commission of a capital offense was a person | ||
with severe mental illness may not be sentenced to death. | ||
Art. 46D.003. NOTICE OF INTENT TO RAISE ISSUE OF SEVERE | ||
MENTAL ILLNESS. (a) A defendant planning to offer evidence that | ||
the defendant was a person with severe mental illness at the time of | ||
the commission of the alleged offense must file with the court a | ||
notice of the defendant's intention to offer that evidence. | ||
(b) The notice must: | ||
(1) contain a certification that a copy of the notice | ||
has been served on the attorney representing the state; and | ||
(2) be filed not later than the 30th day before the | ||
date the case is set for trial. | ||
Art. 46D.004. EFFECT OF FAILURE TO GIVE NOTICE. Unless | ||
notice is timely filed under Article 46D.003, evidence that the | ||
defendant was a person with severe mental illness at the time of the | ||
commission of the alleged offense is not admissible at the guilt or | ||
innocence stage unless the court finds that good cause exists for | ||
failure to give notice. | ||
Art. 46D.005. DETERMINATION OF ISSUE BY JURY. (a) The issue | ||
of whether the defendant was a person with severe mental illness at | ||
the time of the commission of the alleged offense shall be submitted | ||
to the jury only if the issue is supported by evidence. The jury | ||
shall determine the issue and must return a special verdict on the | ||
issue that is separate from the jury's verdict on the issue of guilt | ||
or innocence. | ||
(b) The defendant must prove by clear and convincing | ||
evidence that the defendant was a person with severe mental illness | ||
at the time of the commission of the alleged offense. | ||
Art. 46D.006. APPOINTMENT OF DISINTERESTED EXPERT. (a) On | ||
the request of either party or on the judge's own motion, the judge | ||
shall appoint a disinterested expert experienced and qualified in | ||
the field of diagnosing mental illness to examine the defendant and | ||
determine whether the defendant is a person with severe mental | ||
illness. | ||
(b) The judge may, after giving notice to the defendant, | ||
order the defendant to submit to an examination by an expert | ||
appointed under this article. | ||
(c) An examination described by this article: | ||
(1) must be narrowly tailored to determine whether the | ||
defendant has the specific disorder claimed; and | ||
(2) may not include an assessment of the risk of danger | ||
the defendant may pose to any person. | ||
(d) An expert appointed under this article must provide the | ||
defendant's attorney and the attorney representing the state with | ||
all notes and data from the examination. | ||
(e) A statement made by the defendant in an examination | ||
under this article may not be admitted into evidence during the | ||
trial of the offense. | ||
Art. 46D.007. EFFECT OF DETERMINATION. (a) If the jury | ||
determines that the defendant was a person with severe mental | ||
illness at the time of the commission of an alleged capital offense, | ||
and the defendant is convicted of that offense, Article 37.071 does | ||
not apply to the defendant, and the judge shall sentence the | ||
defendant to imprisonment in the Texas Department of Criminal | ||
Justice for life without parole. | ||
(b) If the jury determines that the defendant was not a | ||
person with severe mental illness at the time of the commission of | ||
an alleged capital offense and the defendant is convicted of that | ||
offense, the judge shall conduct a sentencing proceeding in | ||
accordance with Article 37.071. Evidence of a mental disability of | ||
the defendant may be presented during that proceeding to the extent | ||
permitted by Article 37.071. | ||
SECTION 2. Chapter 46D, Code of Criminal Procedure, as | ||
added by this Act, applies only to a trial that commences on or | ||
after the effective date of this Act, regardless of whether the | ||
alleged offense was committed before, on, or after that date. | ||
SECTION 3. This Act takes effect September 1, 2021. |