Bill barring the death penalty for severe mental illness

The text as introduced · 778 words

89R5665 CJD-D

By: Rose
H.B. No. 2777

A BILL TO BE ENTITLED

AN ACT

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 or a

schizoaffective 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 trial is scheduled to begin.

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, 2025.