no death sentence for intellectual disability

The text as introduced · 1,240 words

89R683 LHC-F

By: Thompson
H.B. No. 688

A BILL TO BE ENTITLED

AN ACT

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. Article 44.01, Code of Criminal Procedure, is

amended by amending Subsection (a) and adding Subsection (a-1) to

read as follows:

(a) The state is entitled to appeal an order of a court in a

criminal case if the order:

(1) dismisses an indictment, information, or

complaint or any portion of an indictment, information, or

complaint;

(2) arrests or modifies a judgment;

(3) grants a new trial;

(4) sustains a claim of former jeopardy;

(5) grants a motion to suppress evidence, a

confession, or an admission, if jeopardy has not attached in the

case and if the prosecuting attorney certifies to the trial court

that the appeal is not taken for the purpose of delay and that the

evidence, confession, or admission is of substantial importance in

the case; or

(6) is issued under Chapter 46D or 64.

(a-1) The state's appeal of an order issued under Chapter

46D is a direct appeal to the court of criminal appeals. The court

of criminal appeals shall expeditiously review the appeal.

SECTION 2. 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) "Deficits in adaptive behavior" means sufficient

deficits in adaptive functioning under prevailing medical

standards for determining intellectual disability.

(2) "Developmental period" means the developmental

period of a person's life, as determined by prevailing medical

standards.

(3) "Intellectual disability" means significantly

subaverage general intellectual functioning that is concurrent

with deficits in adaptive behavior and originates during the

developmental period.

(4) "Significantly subaverage general intellectual

functioning" refers to a measured intelligence quotient on a

standardized psychometric instrument of approximately 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 first

anniversary of the date of the defendant's indictment, 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) On receipt of a request under this article, if the judge

determines that the request was timely filed, the judge shall hold a

hearing in accordance with this chapter to determine the issue. The

hearing must be held:

(1) not earlier than 180 days after the date that the

written request was submitted under Subsection (a); and

(2) not later than the 120th day before the date the

trial is scheduled to begin.

(c) If the attorney for a defendant files an untimely

request under Subsection (a), or after the time for filing a request

under Subsection (a) otherwise presents evidence that the defendant

is a person with an intellectual disability, the judge may hold a

hearing in accordance with this chapter if the attorney can show

good cause for not filing a request within the time limit prescribed

by Subsection (a). The hearing may not be held before a jury

empaneled in the case.

Art. 46D.004. APPOINTMENT OF DISINTERESTED EXPERT. (a)

After the judge receives a request under Article 46D.003, and 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. DETERMINATION BY JURY AND ORDER RELATED TO

INTELLECTUAL DISABILITY. (a) Except as provided by Subsection

(f), the judge shall empanel a jury solely for the purpose of

determining whether the defendant is a person with an intellectual

disability. The judge shall empanel the jury in the same manner as

a jury is empaneled by the court for a felony other than a capital

felony.

(b) After the conclusion of the hearing, the judge shall

instruct the jury to state in its verdict whether the defendant is a

person with an intellectual disability.

(c) The jury's verdict that the defendant is a person with

an intellectual disability must be unanimous.

(d) If the jury determines that the defendant is a person

with an intellectual disability, the judge shall issue an

appropriate order in accordance with this chapter that the

defendant is a person with an intellectual disability.

(e) If the jury does not determine 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 trial jury may not be informed of the fact that

a hearing was held under this chapter; and

(2) the defendant may present evidence of intellectual

disability as otherwise permitted by law.

(f) The defendant may, with the consent of the attorney

representing the state, waive a hearing before a jury and request a

hearing before the judge under Article 46D.008.

Art. 46D.008. DETERMINATION BY JUDGE AND ORDER RELATED TO

INTELLECTUAL DISABILITY. (a) If a hearing before a jury is waived

in accordance with Article 46D.007(f), the hearing must be held

before the judge, outside the presence of a jury.

(b) As soon as practicable but not later than the 30th day

after the conclusion of a hearing under this article, the judge

shall determine whether the defendant is a person with an

intellectual disability and issue an appropriate order. The order

must contain findings of fact explaining the judge's reasoning for

the determination and citing evidence in the record.

(c) If the judge does not determine 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 chapter; and

(2) the defendant may present evidence of intellectual

disability as otherwise permitted by law.

SECTION 3. The changes in law made by this Act apply 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 4. This Act takes effect September 1, 2025.