Bill Text: TX HB345 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the creation of a commission to study intellectual and developmental disability determinations in capital cases in which the state seeks the death penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-08-02 - Left pending in committee [HB345 Detail]
Download: Texas-2017-HB345-Introduced.html
85S10928 JRR-D | ||
By: Turner | H.B. No. 345 |
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relating to the creation of a commission to study intellectual and | ||
developmental disability determinations in capital cases in which | ||
the state seeks the death penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. COMMISSION TO STUDY INTELLECTUAL AND | ||
DEVELOPMENTAL DISABILITY DETERMINATIONS IN DEATH PENALTY CASES. | ||
(a) A commission is created to conduct a study on intellectual and | ||
developmental disability determinations of defendants in capital | ||
cases in this state in which the state seeks the death penalty. | ||
(b) In conducting the study, the commission shall: | ||
(1) identify the prevailing standards among medical | ||
and mental health professionals for determining whether a person | ||
has an intellectual or developmental disability; | ||
(2) to the extent practicable, determine the number | ||
and percentage of defendants sentenced to death who have an | ||
intellectual or developmental disability, as defined by the | ||
standards identified in Subdivision (1) of this subsection; and | ||
(3) make recommendations regarding the appropriate | ||
intellectual and developmental disability determination standards | ||
and procedures to be implemented in capital cases to ensure that | ||
defendants who have an intellectual or developmental disability are | ||
identified and, if convicted, receive sentences in accordance with | ||
constitutional standards. | ||
(c) The commission is composed of the following 11 members: | ||
(1) two members appointed by the governor; | ||
(2) two members appointed by the lieutenant governor; | ||
(3) two members appointed by the speaker of the house | ||
of representatives; | ||
(4) two members appointed by the presiding judge of | ||
the Texas Court of Criminal Appeals; | ||
(5) one member appointed by the chief justice of the | ||
Supreme Court of Texas; | ||
(6) the chair of the House Committee on Criminal | ||
Jurisprudence; and | ||
(7) the chair of the Senate Committee on Criminal | ||
Justice. | ||
(d) In making appointments to the commission, the | ||
appointing officers shall consult with one another to ensure that | ||
the membership of the commission has substantial experience | ||
relevant to the commission's duties and includes: | ||
(1) medical and mental health professionals | ||
experienced and qualified in diagnosing intellectual and | ||
developmental disabilities; and | ||
(2) representatives of all areas of the criminal | ||
justice system, including a prosecutor, a defense attorney, an | ||
appellate attorney, a judge, and a legal scholar. | ||
(e) The governor shall designate one member of the | ||
commission to serve as the presiding officer of the commission. | ||
(f) A vacancy on the commission shall be filled by the | ||
officer that appointed the vacating member. | ||
(g) A member of the commission is not entitled to | ||
compensation or reimbursement of expenses for commission service. | ||
The appointing officers shall provide the commission with necessary | ||
support to enable the commission to perform its duties. | ||
(h) The commission shall meet at the call of the presiding | ||
officer. | ||
(i) Not later than January 1, 2019, the commission shall | ||
report the commission's findings and recommendations to the | ||
governor, the lieutenant governor, the speaker of the house of | ||
representatives, the Supreme Court of Texas, the Texas Court of | ||
Criminal Appeals, and the standing committees of the house of | ||
representatives and the senate with primary jurisdiction over | ||
criminal justice. | ||
SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th | ||
day after the effective date of this Act, the appropriate officers | ||
shall appoint the members of the commission created by this Act. | ||
SECTION 3. ABOLITION OF COMMISSION. The commission is | ||
abolished and this Act expires January 31, 2019. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect on the 91st day after the last day of the | ||
legislative session. |