Texas Senate Bill SB1740

Texas 2017 - 85th Regular

Caption

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

Impact

The implementation of SB1740 would directly affect how the legal system addresses capital offenses committed by individuals with intellectual disabilities. If a defendant is found to meet the criteria outlined in the bill, they cannot be sentenced to death, instead receiving a life sentence without the possibility of parole. This change is likely to streamline and clarify legal proceedings in capital cases where intellectual disability is claimed, offering protections that align with evolving standards of decency in criminal justice.

Summary

SB1740 aims to define and restrict the death penalty's applicability to individuals with intellectual disabilities in the state of Texas. The bill introduces Chapter 46D to the Code of Criminal Procedure, detailing the criteria for determining a defendant's intellectual disability and establishing a legal framework for related hearings. It defines key terms, including 'intellectual disability' and establishes the adaptive behavior criteria necessary for such a classification. The act ensures that individuals deemed as having intellectual disabilities are exempt from facing the death penalty.

Contention

Discussions around SB1740 may center on the broader implications of defining intellectual disability and the criteria set forth for its determination. Some stakeholders may voice concerns regarding the adequacy of the definitions and whether they might inadvertently exclude individuals who should qualify for protection under this law. Others may raise issues regarding the burden of proof placed on defendants, as they must demonstrate their intellectual disability by a preponderance of evidence within a specified timeframe. As the bill progresses, these debates will likely reflect wider societal views on justice, fairness, and the treatment of vulnerable populations within the legal system.