Texas 2009 - 81st Regular

Texas House Bill HB4466

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 mental retardation.

Impact

The proposed legislation includes amendments to the Code of Criminal Procedure that outline the processes for determining whether a defendant qualifies as mentally retarded. It establishes procedures for a court-appointed evaluation and the necessary hearings to assess the defendant's mental state during sentencing. This change signifies a vital shift in how the legal system approaches cases involving defendants with mental disabilities, promoting a more humane and just approach in capital punishment cases.

Summary

House Bill 4466 addresses the death penalty's applicability in Texas, specifically for individuals convicted of capital offenses who are determined to have mental retardation. The bill stipulates that if a defendant is found to have mental retardation, they cannot be sentenced to death, instead facing life imprisonment. This approach aligns with evolving standards in criminal justice regarding the treatment of offenders with cognitive impairments and reflects a broader understanding of mental health issues in legal contexts.

Contention

While supporters of HB 4466 argue it recognizes the moral and ethical implications of sentencing individuals with mental impairments to death, opponents may contend that it complicates the death penalty process and could allow some individuals who commit serious crimes to evade more severe punishments. The issue of defining and accurately assessing 'mental retardation' could also lead to legal challenges, thereby prolonging legal proceedings and complicating the judicial process surrounding capital cases. Ultimately, this bill encapsulates the ongoing debate surrounding mental health in the legal system and the fairness of capital punishment.

Companion Bills

No companion bills found.

Previously Filed As

TX HB727

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

TX HB381

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

TX SB1353

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

TX HB918

Relating to abolishing the death penalty.

TX HB142

Relating to abolishing the death penalty.

TX SB516

Relating to abolishing the death penalty.

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 HB1402

Relating to the criminal penalties for certain criminal offenses.

TX HB208

Relating to the punishment for certain controlled substance offenses committed in a drug-free zone; increasing criminal penalties.

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