Texas Senate Bill SB418

Texas 2019 - 86th Regular

Caption

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

Impact

The introduction of SB418 is anticipated to significantly impact Texas's legal framework regarding capital punishment. Under its provisions, if a defendant is found to have an intellectual disability, they cannot be sentenced to death, and instead, are to receive a life sentence without the possibility of parole. This aligns with broader reforms in several states and at the federal level aimed at addressing the ethical considerations surrounding the use of the death penalty for those with intellectual disabilities.

Summary

SB418 addresses the applicability of the death penalty for individuals diagnosed with an intellectual disability in Texas. The bill amends the Code of Criminal Procedure by introducing Chapter 46D, which sets forth definitions and provisions specifically related to capital offenses committed by persons with intellectual disabilities. Among the key definitions included in the bill are 'intellectual disability' and 'adaptive behavior,' which outline the criteria for determining whether a defendant qualifies as having an intellectual disability. In essence, the legislation seeks to ensure that individuals meeting these criteria are exempt from being sentenced to death.

Contention

Discussion surrounding SB418 indicates a division among legislators and advocacy groups. Proponents of the bill advocate that it is a necessary step towards justice and morality, insisting that individuals unable to fully comprehend their actions due to intellectual disabilities should not face the ultimate punishment. Conversely, some legislators express concerns about how 'intellectual disability' is defined and the potential for misuse or difficulty in determining an individual’s mental competence. They argue that this could complicate capital trials and lead to inconsistencies in how justice is served.