Texas 2025 - 89th Regular

Texas House Bill HB688

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

If enacted, HB688 would create a specific legal framework to assess whether a defendant qualifies as having an intellectual disability, which would exempt them from the death penalty. The bill establishes a clear definition of intellectual disability, requiring that the condition significantly impairs the defendant's general intellectual functioning alongside deficiencies in adaptive behavior. This direct alteration of the law will impact how capital cases are prosecuted and adjudicated, particularly in the context of sentencing.

Summary

House Bill 688 focuses on the applicability of the death penalty in cases involving individuals with intellectual disabilities. The bill seeks to amend existing laws in the Texas Code of Criminal Procedure to explicitly restrict the imposition of the death penalty on defendants who meet the criteria for an intellectual disability. This change aligns Texas law with broader legal principles that aim to prevent the execution of individuals who are deemed unable to fully comprehend their actions due to their disabilities.

Contention

The bill introduces noteworthy discussions about the intersection of mental health and criminal justice. While supporters argue that this measure is a necessary step towards a more humane legal system, acknowledging the vulnerabilities of individuals with intellectual disabilities, opponents may raise concerns about the potential for abuse or misinterpretation of the definitions provided. Moreover, there could be apprehensions regarding the implications for public safety and how a death penalty exemption might influence jury decisions in capital cases.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 1. General Provisions
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX SB1353

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

TX HB381

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

TX HB727

Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB1585

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX HB2037

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX HB1359

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX SB1279

Relating to the release on personal bond of certain defendants with a mental illness or an intellectual disability.

TX HB446

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.

Similar Bills

CA AB2512

Death penalty: person with an intellectual disability.

CA SB1001

Death penalty: intellectually disabled persons.

HI SB2051

Relating To Disability Health Disparity.

HI SB850

Relating To Disability Health Disparity.

HI HB819

Relating To Disability Health Disparity.

AZ SB1474

Death penalty serious mental illness

HI SB755

Relating To Disability Health Disparity.

TX SB1740

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