| 1 | 1 | | 85S10928 JRR-D |
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| 2 | 2 | | By: Turner H.B. No. 345 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of a commission to study intellectual and |
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| 8 | 8 | | developmental disability determinations in capital cases in which |
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| 9 | 9 | | the state seeks the death penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. COMMISSION TO STUDY INTELLECTUAL AND |
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| 12 | 12 | | DEVELOPMENTAL DISABILITY DETERMINATIONS IN DEATH PENALTY CASES. |
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| 13 | 13 | | (a) A commission is created to conduct a study on intellectual and |
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| 14 | 14 | | developmental disability determinations of defendants in capital |
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| 15 | 15 | | cases in this state in which the state seeks the death penalty. |
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| 16 | 16 | | (b) In conducting the study, the commission shall: |
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| 17 | 17 | | (1) identify the prevailing standards among medical |
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| 18 | 18 | | and mental health professionals for determining whether a person |
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| 19 | 19 | | has an intellectual or developmental disability; |
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| 20 | 20 | | (2) to the extent practicable, determine the number |
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| 21 | 21 | | and percentage of defendants sentenced to death who have an |
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| 22 | 22 | | intellectual or developmental disability, as defined by the |
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| 23 | 23 | | standards identified in Subdivision (1) of this subsection; and |
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| 24 | 24 | | (3) make recommendations regarding the appropriate |
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| 25 | 25 | | intellectual and developmental disability determination standards |
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| 26 | 26 | | and procedures to be implemented in capital cases to ensure that |
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| 27 | 27 | | defendants who have an intellectual or developmental disability are |
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| 28 | 28 | | identified and, if convicted, receive sentences in accordance with |
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| 29 | 29 | | constitutional standards. |
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| 30 | 30 | | (c) The commission is composed of the following 11 members: |
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| 31 | 31 | | (1) two members appointed by the governor; |
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| 32 | 32 | | (2) two members appointed by the lieutenant governor; |
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| 33 | 33 | | (3) two members appointed by the speaker of the house |
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| 34 | 34 | | of representatives; |
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| 35 | 35 | | (4) two members appointed by the presiding judge of |
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| 36 | 36 | | the Texas Court of Criminal Appeals; |
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| 37 | 37 | | (5) one member appointed by the chief justice of the |
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| 38 | 38 | | Supreme Court of Texas; |
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| 39 | 39 | | (6) the chair of the House Committee on Criminal |
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| 40 | 40 | | Jurisprudence; and |
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| 41 | 41 | | (7) the chair of the Senate Committee on Criminal |
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| 42 | 42 | | Justice. |
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| 43 | 43 | | (d) In making appointments to the commission, the |
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| 44 | 44 | | appointing officers shall consult with one another to ensure that |
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| 45 | 45 | | the membership of the commission has substantial experience |
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| 46 | 46 | | relevant to the commission's duties and includes: |
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| 47 | 47 | | (1) medical and mental health professionals |
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| 48 | 48 | | experienced and qualified in diagnosing intellectual and |
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| 49 | 49 | | developmental disabilities; and |
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| 50 | 50 | | (2) representatives of all areas of the criminal |
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| 51 | 51 | | justice system, including a prosecutor, a defense attorney, an |
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| 52 | 52 | | appellate attorney, a judge, and a legal scholar. |
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| 53 | 53 | | (e) The governor shall designate one member of the |
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| 54 | 54 | | commission to serve as the presiding officer of the commission. |
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| 55 | 55 | | (f) A vacancy on the commission shall be filled by the |
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| 56 | 56 | | officer that appointed the vacating member. |
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| 57 | 57 | | (g) A member of the commission is not entitled to |
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| 58 | 58 | | compensation or reimbursement of expenses for commission service. |
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| 59 | 59 | | The appointing officers shall provide the commission with necessary |
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| 60 | 60 | | support to enable the commission to perform its duties. |
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| 61 | 61 | | (h) The commission shall meet at the call of the presiding |
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| 62 | 62 | | officer. |
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| 63 | 63 | | (i) Not later than January 1, 2019, the commission shall |
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| 64 | 64 | | report the commission's findings and recommendations to the |
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| 65 | 65 | | governor, the lieutenant governor, the speaker of the house of |
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| 66 | 66 | | representatives, the Supreme Court of Texas, the Texas Court of |
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| 67 | 67 | | Criminal Appeals, and the standing committees of the house of |
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| 68 | 68 | | representatives and the senate with primary jurisdiction over |
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| 69 | 69 | | criminal justice. |
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| 70 | 70 | | SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th |
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| 71 | 71 | | day after the effective date of this Act, the appropriate officers |
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| 72 | 72 | | shall appoint the members of the commission created by this Act. |
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| 73 | 73 | | SECTION 3. ABOLITION OF COMMISSION. The commission is |
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| 74 | 74 | | abolished and this Act expires January 31, 2019. |
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| 75 | 75 | | SECTION 4. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect on the 91st day after the last day of the |
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| 80 | 80 | | legislative session. |
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