TX
Texas House Bill HB1139

Texas 2019 - 86th Regular

Texas House Bill HB1139 Compare Versions

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1-By: Thompson of Harris, et al. H.B. No. 1139
2- (Senate Sponsor - Miles, West)
3- (In the Senate - Received from the House April 30, 2019;
4- May 1, 2019, read first time and referred to Committee on Criminal
5- Justice; May 17, 2019, reported adversely, with favorable
6- Committee Substitute by the following vote: Yeas 6, Nays 0;
7- May 17, 2019, sent to printer.)
8-Click here to see the committee vote
9- COMMITTEE SUBSTITUTE FOR H.B. No. 1139 By: Whitmire
1+By: Thompson of Harris, Leach, Moody, White, H.B. No. 1139
2+ Walle, et al.
103
114
125 A BILL TO BE ENTITLED
136 AN ACT
147 relating to the applicability of the death penalty to a capital
158 offense committed by a person with an intellectual disability.
169 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17- SECTION 1. Title 1, Code of Criminal Procedure, is amended
10+ SECTION 1. Article 44.01, Code of Criminal Procedure, is
11+ amended by amending Subsection (a) and adding Subsection (a-1) to
12+ read as follows:
13+ (a) The state is entitled to appeal an order of a court in a
14+ criminal case if the order:
15+ (1) dismisses an indictment, information, or
16+ complaint or any portion of an indictment, information, or
17+ complaint;
18+ (2) arrests or modifies a judgment;
19+ (3) grants a new trial;
20+ (4) sustains a claim of former jeopardy;
21+ (5) grants a motion to suppress evidence, a
22+ confession, or an admission, if jeopardy has not attached in the
23+ case and if the prosecuting attorney certifies to the trial court
24+ that the appeal is not taken for the purpose of delay and that the
25+ evidence, confession, or admission is of substantial importance in
26+ the case; or
27+ (6) is issued under Chapter 46E or 64.
28+ (a-1) The state's appeal of an order issued under Chapter
29+ 46E is a direct appeal to the court of criminal appeals. The court
30+ of criminal appeals shall expeditiously review the appeal.
31+ SECTION 2. T
32+ itle 1, Code of Criminal Procedure, is amended
1833 by adding Chapter 46E to read as follows:
1934 CHAPTER 46E. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY
20- Art. 46E.001. RESTRICTION ON DEATH PENALTY. A defendant
35+ Art. 46E.001. DEFINITIONS. In this chapter:
36+ (1) "Deficits in adaptive behavior" means sufficient
37+ deficits in adaptive functioning under prevailing medical
38+ standards for determining intellectual disability.
39+ (2) "Developmental period" means the developmental
40+ period of a person's life, as determined by prevailing medical
41+ standards.
42+ (3) "Intellectual disability" means significantly
43+ subaverage general intellectual functioning that is concurrent
44+ with deficits in adaptive behavior and originates during the
45+ developmental period.
46+ (4) "Significantly subaverage general intellectual
47+ functioning" refers to a measured intelligence quotient on a
48+ standardized psychometric instrument of approximately two or more
49+ standard deviations below the age-group mean for the test used,
50+ considering the standard error of measurement applicable to the
51+ instrument.
52+ Art. 46E.002. RESTRICTION ON DEATH PENALTY. A defendant
2153 who is a person with an intellectual disability may not be sentenced
2254 to death.
23- Art. 46E.002. PREVAILING MEDICAL STANDARDS. Evidence
24- offered by either party for purposes of determining whether a
25- defendant is a person with an intellectual disability must be
26- consistent with prevailing medical standards for the diagnosis of
27- intellectual disabilities.
28- SECTION 2. The changes in law made by this Act apply only to
55+ Art. 46E.003. HEARING; DETERMINATION. (a) The attorney
56+ for a defendant in a capital case, not later than the first
57+ anniversary of the date of the defendant's indictment, may request
58+ in writing that the judge hearing the case hold a hearing to
59+ determine whether the defendant is a person with an intellectual
60+ disability.
61+ (b) On receipt of a request under this article, if the judge
62+ determines that the request was timely filed, the judge shall hold a
63+ hearing to determine the issue. The hearing must be held:
64+ (1) not earlier than 180 days after the date that the
65+ written request was submitted under Subsection (a); and
66+ (2) not later than the 120th day before the date the
67+ trial is scheduled to begin.
68+ (c) If the attorney for a defendant files an untimely
69+ request under Subsection (a), or after the time for filing a request
70+ under Subsection (a) otherwise presents evidence that the defendant
71+ is a person with an intellectual disability, the judge may hold a
72+ hearing under this chapter outside the presence of the jury if the
73+ attorney can show good cause for not filing a request within the
74+ time limit prescribed by Subsection (a).
75+ Art. 46E.004. APPOINTMENT OF DISINTERESTED EXPERT. (a) On
76+ the request of either party or on the judge's own motion, the judge
77+ shall appoint a disinterested expert experienced and qualified in
78+ the field of diagnosing intellectual disabilities to examine the
79+ defendant and determine whether the defendant is a person with an
80+ intellectual disability.
81+ (b) The judge may order the defendant to submit to an
82+ examination by an expert appointed under this article.
83+ (c) An examination described by this article must be
84+ narrowly tailored to determine whether the defendant has an
85+ intellectual disability.
86+ Art. 46E.005. BURDEN OF PROOF. (a) At a hearing under this
87+ chapter, the burden is on the defendant to prove by a preponderance
88+ of the evidence that the defendant is a person with an intellectual
89+ disability.
90+ (b) The state may offer evidence to rebut evidence offered
91+ by the defendant.
92+ Art. 46E.006. PREVAILING MEDICAL STANDARDS. Evidence
93+ offered by either party for purposes of a hearing under this chapter
94+ must be consistent with prevailing medical standards for the
95+ diagnosis of intellectual disabilities.
96+ Art. 46E.007. DETERMINATION AND ORDER RELATED TO
97+ INTELLECTUAL DISABILITY. (a) As soon as practicable but not later
98+ than the 30th day after the conclusion of a hearing under this
99+ chapter, the judge shall determine whether the defendant is a
100+ person with an intellectual disability and issue an appropriate
101+ order. The order must contain findings of fact explaining the
102+ judge's reasoning for the determination and citing evidence in the
103+ record.
104+ (b) If the judge does not determine that the defendant is a
105+ person with an intellectual disability, the judge shall conduct the
106+ trial of the offense in the same manner as if a hearing under this
107+ chapter had not been held. At the trial:
108+ (1) the jury may not be informed of the fact that the
109+ judge held a hearing under this chapter; and
110+ (2) the defendant may present evidence of intellectual
111+ disability as otherwise permitted by law.
112+ SECTION 3. The changes in law made by this Act apply only to
29113 a trial that commences on or after the effective date of this Act,
30114 regardless of whether the alleged offense was committed before, on,
31115 or after that date.
32- SECTION 3. This Act takes effect September 1, 2019.
33- * * * * *
116+ SECTION 4. This Act takes effect September 1, 2019.