Bill Text: TX SB418 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2019-03-27 - Co-author authorized [SB418 Detail]
Download: Texas-2019-SB418-Introduced.html
| 86R4918 ADM-F | ||
| By: Miles | S.B. No. 418 | |
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| relating to the applicability of the death penalty to a capital | ||
| offense committed by a person with an intellectual disability. | ||
| 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: EFFECT OF INTELLECTUAL DISABILITY | ||
| Art. 46D.001. DEFINITIONS. In this chapter: | ||
| (1) "Adaptive behavior" means the effectiveness with | ||
| or degree to which a person meets generally recognized standards of | ||
| personal independence and social responsibility by using learned | ||
| conceptual, social, and practical skills in everyday life. | ||
| (2) "Intellectual disability" means significantly | ||
| below average general intellectual functioning that is concurrent | ||
| with significant deficits in adaptive behavior and originates | ||
| during the developmental period. | ||
| (3) "Significantly below average general intellectual | ||
| functioning" refers to a measured intelligence quotient on a | ||
| standardized psychometric instrument of two or more standard | ||
| deviations below the age-group mean for the test used, considering | ||
| the standard error of measurement applicable to the instrument. | ||
| Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant | ||
| who is a person with an intellectual disability may not be sentenced | ||
| to death. | ||
| Art. 46D.003. HEARING; DETERMINATION. (a) The attorney | ||
| for a defendant in a capital case, not later than the 30th day | ||
| before the date trial is scheduled to begin, may request in writing | ||
| that the judge hearing the case hold a hearing to determine whether | ||
| the defendant is a person with an intellectual disability. | ||
| (b) A request under Subsection (a) must be accompanied by | ||
| evidence supporting the claim that the defendant is a person with an | ||
| intellectual disability. | ||
| (c) On receipt of a request under this article, if the judge | ||
| determines that the request was timely filed and was accompanied by | ||
| evidence sufficient to support a finding that the defendant is a | ||
| person with an intellectual disability, the judge shall hold a | ||
| hearing to determine the issue. | ||
| (d) For purposes of Subsection (c), evidence sufficient to | ||
| support a finding that the defendant is a person with an | ||
| intellectual disability may consist solely of a representation from | ||
| a credible source that the defendant may be a person with an | ||
| intellectual disability. | ||
| Art. 46D.004. 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 intellectual disabilities to examine the | ||
| defendant and determine whether the defendant is a person with an | ||
| intellectual disability. | ||
| (b) The judge may order the defendant to submit to an | ||
| examination by an expert appointed under this article. | ||
| (c) An examination described by this article must be | ||
| narrowly tailored to determine whether the defendant has an | ||
| intellectual disability. | ||
| Art. 46D.005. BURDEN OF PROOF. (a) At a hearing under this | ||
| chapter, the burden is on the defendant to prove by a preponderance | ||
| of the evidence that the defendant is a person with an intellectual | ||
| disability. | ||
| (b) The state may offer evidence to rebut evidence offered | ||
| by the defendant. | ||
| Art. 46D.006. PREVAILING MEDICAL STANDARDS. Evidence | ||
| offered by either party for purposes of a hearing under this chapter | ||
| must be consistent with prevailing medical standards for the | ||
| diagnosis of intellectual disabilities. | ||
| Art. 46D.007. FINDING OF FACT RELATED TO INTELLECTUAL | ||
| DISABILITY. (a) Not later than the 120th day after the conclusion | ||
| of a hearing under this chapter, the judge shall issue a written | ||
| finding of fact as to whether the defendant is a person with an | ||
| intellectual disability. The finding of fact must explain the | ||
| judge's reasoning and cite evidence in the record. | ||
| (b) If the judge finds that the defendant is a person with an | ||
| intellectual disability and the defendant is subsequently | ||
| convicted of a capital 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. | ||
| (c) If the judge does not find that the defendant is a person | ||
| with an intellectual disability, the judge shall conduct the trial | ||
| of the offense in the same manner as if a hearing under this chapter | ||
| had not been held. At the trial: | ||
| (1) the jury may not be informed of the fact that the | ||
| judge held a hearing under this article; and | ||
| (2) the defendant may present evidence of intellectual | ||
| disability as otherwise permitted by law. | ||
| 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, 2019. | ||
