85S10928 JRR-D
By: Turner H.B. No. 345
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to study intellectual and
developmental disability determinations in capital cases in which
the state seeks the death penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. COMMISSION TO STUDY INTELLECTUAL AND
DEVELOPMENTAL DISABILITY DETERMINATIONS IN DEATH PENALTY CASES.
(a) A commission is created to conduct a study on intellectual and
developmental disability determinations of defendants in capital
cases in this state in which the state seeks the death penalty.
(b) In conducting the study, the commission shall:
(1) identify the prevailing standards among medical
and mental health professionals for determining whether a person
has an intellectual or developmental disability;
(2) to the extent practicable, determine the number
and percentage of defendants sentenced to death who have an
intellectual or developmental disability, as defined by the
standards identified in Subdivision (1) of this subsection; and
(3) make recommendations regarding the appropriate
intellectual and developmental disability determination standards
and procedures to be implemented in capital cases to ensure that
defendants who have an intellectual or developmental disability are
identified and, if convicted, receive sentences in accordance with
constitutional standards.
(c) The commission is composed of the following 11 members:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house
of representatives;
(4) two members appointed by the presiding judge of
the Texas Court of Criminal Appeals;
(5) one member appointed by the chief justice of the
Supreme Court of Texas;
(6) the chair of the House Committee on Criminal
Jurisprudence; and
(7) the chair of the Senate Committee on Criminal
Justice.
(d) In making appointments to the commission, the
appointing officers shall consult with one another to ensure that
the membership of the commission has substantial experience
relevant to the commission's duties and includes:
(1) medical and mental health professionals
experienced and qualified in diagnosing intellectual and
developmental disabilities; and
(2) representatives of all areas of the criminal
justice system, including a prosecutor, a defense attorney, an
appellate attorney, a judge, and a legal scholar.
(e) The governor shall designate one member of the
commission to serve as the presiding officer of the commission.
(f) A vacancy on the commission shall be filled by the
officer that appointed the vacating member.
(g) A member of the commission is not entitled to
compensation or reimbursement of expenses for commission service.
The appointing officers shall provide the commission with necessary
support to enable the commission to perform its duties.
(h) The commission shall meet at the call of the presiding
officer.
(i) Not later than January 1, 2019, the commission shall
report the commission's findings and recommendations to the
governor, the lieutenant governor, the speaker of the house of
representatives, the Supreme Court of Texas, the Texas Court of
Criminal Appeals, and the standing committees of the house of
representatives and the senate with primary jurisdiction over
criminal justice.
SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th
day after the effective date of this Act, the appropriate officers
shall appoint the members of the commission created by this Act.
SECTION 3. ABOLITION OF COMMISSION. The commission is
abolished and this Act expires January 31, 2019.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.