By: Thompson of Harris, et al. H.B. No. 1139
(Senate Sponsor - Miles, West)
(In the Senate - Received from the House April 30, 2019;
May 1, 2019, read first time and referred to Committee on Criminal
Justice; May 17, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 17, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1139 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of the death penalty to a capital
offense committed by a person with an intellectual disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 46E to read as follows:
CHAPTER 46E. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY
Art. 46E.001. RESTRICTION ON DEATH PENALTY. A defendant
who is a person with an intellectual disability may not be sentenced
to death.
Art. 46E.002. PREVAILING MEDICAL STANDARDS. Evidence
offered by either party for purposes of determining whether a
defendant is a person with an intellectual disability must be
consistent with prevailing medical standards for the diagnosis of
intellectual disabilities.
SECTION 2. The changes in law made by this Act apply only to
a trial that commences on or after the effective date of this Act,
regardless of whether the alleged offense was committed before, on,
or after that date.
SECTION 3. This Act takes effect September 1, 2019.
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