Texas 2011 - 82nd Regular

Texas Senate Bill SB1079

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
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 enactment of SB1079 will amend the Texas Penal Code and the Code of Criminal Procedure, emphasizing protections for individuals identified with mental retardation within the judicial system. It will introduce a new chapter dedicated to addressing issues of mental retardation in capital cases and will establish procedures for hearings. This affects existing laws that facilitate the sentencing process in capital cases, thereby aligning Texas with broader national discussions about the ethics of capital punishment as it relates to mental health.

Summary

SB1079 aims to officially prohibit the imposition of the death penalty on individuals who commit capital offenses while having mental retardation. This legislation explicitly outlines the definitions of mental retardation and adaptive behavior and establishes a framework for determining whether a defendant was mentally impaired at the time of the offense. The bill stipulates that if a defendant is determined to have mental retardation, they cannot be sentenced to death, but rather will receive a life sentence without parole.

Sentiment

The sentiment surrounding SB1079 is generally supportive among advocates for mental health rights and legal professionals who emphasize the importance of fair sentencing practices. Proponents view the bill as a necessary safeguard against executing individuals who lack the mental capacity to understand their actions fully. However, there remains a contingent of opposition, primarily from those who believe that all offenders, regardless of mental health status, should be subject to the same legal consequences of their actions, which may lead to concerns about public safety.

Contention

Notable points of contention regarding SB1079 include debates over the definitions of mental retardation and the criteria used to determine it within the courtroom setting. Detractors argue that the bill may allow individuals who engage in violent offenses to escape deserving punishments due to their mental conditions. This introduces a larger conversation about public safety versus humane treatment within the legal system, creating a complex interplay between the ethical implications of the death penalty and mental health considerations.

Companion Bills

TX HB1670

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

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