Texas 2017 - 85th Regular

Texas House Bill HB3080 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Rose, Coleman H.B. No. 3080
2	2	Substitute the following for H.B. No. 3080:
3	3	By: Moody C.S.H.B. No. 3080
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the applicability of the death penalty to a capital
9	9	offense committed by a person with severe mental illness.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 1, Code of Criminal Procedure, is amended
12	12	by adding Chapter 46D to read as follows:
13	13	CHAPTER 46D. CAPITAL CASE: EFFECT OF SEVERE MENTAL ILLNESS
14	14	Art. 46D.001. DEFINITION. In this chapter, "person with
15	15	severe mental illness" means a person who has one of the following
16	16	disorders: schizophrenia, schizo-affective disorder, or bipolar
17	17	disorder, and as a result of that disorder has active psychotic
18	18	symptoms that substantially impair the person's capacity to:
19	19	(1) appreciate the nature, consequences, or
20	20	wrongfulness of the person's conduct; or
21	21	(2) exercise rational judgment in relation to the
22	22	person's conduct.
23	23	Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
24	24	who at the time of commission of a capital offense was a person with
25	25	severe mental illness may not be sentenced to death.
26	26	Art. 46D.003. HEARING. (a) Counsel for a defendant in a
27	27	capital case, not later than the 30th day before the date trial
28	28	begins, may file notice requesting that the judge hearing the case
29	29	hold a hearing to determine whether the defendant was a person with
30	30	severe mental illness at the time of the commission of the alleged
31	31	offense.
32	32	(b) Notice filed under Subsection (a) must be accompanied by
33	33	evidence supporting the claim that the defendant was a person with
34	34	severe mental illness at the time of the alleged offense.
35	35	(c) If the defendant does not give timely notice as provided
36	36	by Subsection (a), the court may not hold a hearing under this
37	37	article unless the court finds that good cause existed for failure
38	38	to give timely notice.
39	39	(d) On receipt of notice under Subsection (a), the judge
40	40	shall notify all interested parties of the notice, and the attorney
41	41	for the state shall have an opportunity to respond. If the judge
42	42	determines that the notice was timely and was accompanied by the
43	43	supporting evidence described by Subsection (b), a jury shall be
44	44	impaneled to determine whether the defendant was a person with
45	45	severe mental illness at the time of the commission of the alleged
46	46	offense. A defendant may waive the right to jury determination
47	47	under this subsection and request that the judge make the
48	48	determination if the judge and the prosecuting attorney do not
49	49	object.
50	50	(e) If the judge finds the notice was not timely filed or was
51	51	not accompanied by supporting evidence required by Subsection (b),
52	52	the judge shall:
53	53	(1) deny the defendant's request;
54	54	(2) make written findings of fact explaining the
55	55	grounds for denial;
56	56	(3) provide the findings of fact to all interested
57	57	parties; and
58	58	(4) file a copy of the findings of fact with the papers
59	59	in the case.
60	60	(f) Instructions to the jury submitting the issue of severe
61	61	mental illness shall require the jury to state in its verdict
62	62	whether the defendant was a person with severe mental illness at the
63	63	time of the commission of the alleged offense.
64	64	(g) If the jury is unable to agree on a unanimous verdict
65	65	after a reasonable opportunity to deliberate, the judge shall
66	66	declare a mistrial, discharge the jury, and impanel another jury to
67	67	determine whether the defendant was a person with severe mental
68	68	illness at the time of the commission of the alleged offense.
69	69	(h) At the conclusion of the hearing under this article, the
70	70	judge shall dismiss the jury, and the members of that jury may not
71	71	serve on a jury in any subsequent trial of the case.
72	72	Art. 46D.004. BURDEN OF PROOF. (a) At a hearing under this
73	73	chapter, the burden is on the defendant to prove by clear and
74	74	convincing evidence that the defendant was a person with severe
75	75	mental illness at the time of the commission of the alleged offense.
76	76	Art. 46D.005. SENTENCING ALTERNATIVES. (a) If the judge or
77	77	jury, whichever is the finder of fact, determines that the
78	78	defendant was a person with severe mental illness at the time of the
79	79	commission of the alleged offense and the defendant is subsequently
80	80	convicted of capital murder, Article 37.071 does not apply to the
81	81	defendant, and the judge shall sentence the defendant to
82	82	imprisonment in the Texas Department of Criminal Justice for life
83	83	without parole.
84	84	(b) If the judge or jury, whichever is the finder of fact,
85	85	determines that the defendant was not a person with severe mental
86	86	illness at the time of the commission of the alleged offense, the
87	87	judge shall conduct the trial in the same manner as if a hearing
88	88	under this chapter had not been held. At the trial of the offense:
89	89	(1) the jury may not be informed of the fact that the
90	90	judge or a jury has determined under this article that the defendant
91	91	was not a person with severe mental illness; and
92	92	(2) the defendant may present at trial evidence of
93	93	mental disability as permitted by Article 37.071.
94	94	(c) The judge or jury, whichever is the finder of fact,
95	95	must, before the trial of the offense under Section 19.03, Penal
96	96	Code, commences, make the determination described by Subsection
97	97	(b).
98	98	Art. 46D.006. APPOINTMENT OF DISINTERESTED EXPERTS. (a)
99	99	On the request of either party or on the judge's own motion, the
100	100	judge shall appoint one or more disinterested experts experienced
101	101	and qualified in the field of diagnosing mental illness to examine
102	102	the defendant and determine whether the defendant is a person with
103	103	severe mental illness.
104	104	(b) The judge may, after giving proper notice to the
105	105	defendant, order the defendant to submit to an examination by
106	106	experts appointed under this article.
107	107	(c) An examination described by this article:
108	108	(1) must be narrowly tailored to determine if the
109	109	defendant has the specific illness claimed; and
110	110	(2) may not include:
111	111	(C) a future danger assessment.
112	112	(d) An expert appointed under this article must provide the
113	113	counsel for the defendant with all underlying notes and data
114	114	related to the examination.
115	115	Art. 46D.007. STATEMENTS NOT ADMISSIBLE. No statement made
116	116	by the defendant in a hearing or examination under this chapter may
117	117	be admitted into evidence during the trial of the alleged offense.
118	118	Art. 46D.008. INTERLOCUTORY APPEAL. Neither the defendant
119	119	nor the state is entitled to an interlocutory appeal of a
120	120	determination made under this chapter.
121	121	SECTION 2. Chapter 46D, Code of Criminal Procedure, as
122	122	added by this Act, applies only to a trial that commences on or
123	123	after the effective date of this Act, regardless of whether the
124	124	alleged offense was committed before, on, or after that date.
125	125	SECTION 3. This Act takes effect September 1, 2017.