Texas 2019 - 86th Regular

Texas House Bill HB1936 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R20101 ADM-D
2	2		By: Rose, Zerwas, Thompson of Harris, H.B. No. 1936
3		-	Coleman, Longoria, et al.
	3	+	Coleman, Longoria
	4	+	Substitute the following for H.B. No. 1936:
	5	+	By: Collier C.S.H.B. No. 1936
4	6
5	7
6	8		A BILL TO BE ENTITLED
7	9		AN ACT
8	10		relating to the applicability of the death penalty to a capital
9	11		offense committed by a person with severe mental illness.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Title 1, Code of Criminal Procedure, is amended
12	14		by adding Chapter 46D to read as follows:
13	15		CHAPTER 46D. CAPITAL CASE: SEVERE MENTAL ILLNESS
14	16		Art. 46D.001. DEFINITION. In this chapter, "person with
15	17		severe mental illness" means a person who has schizophrenia, a
16	18		schizoaffective disorder, or a bipolar disorder and, as a result of
17	19		that disorder, has active psychotic symptoms that substantially
18	20		impair the person's capacity to:
19	21		(1) appreciate the nature, consequences, or
20	22		wrongfulness of the person's conduct; or
21	23		(2) exercise rational judgment in relation to the
22	24		person's conduct.
23	25		Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
24	26		who at the time of the commission of a capital offense was a person
25	27		with severe mental illness may not be sentenced to death.
26	28		Art. 46D.003. NOTICE OF INTENT TO RAISE ISSUE OF SEVERE
27	29		MENTAL ILLNESS. (a) A defendant planning to offer evidence that
28	30		the defendant was a person with severe mental illness at the time of
29	31		the commission of the alleged offense must file with the court a
30	32		notice of the defendant's intention to offer that evidence.
31	33		(b) The notice must:
32	34		(1) contain a certification that a copy of the notice
33	35		has been served on the attorney representing the state; and
34	36		(2) be filed not later than the 30th day before the
35	37		date the case is set for trial.
36	38		Art. 46D.004. EFFECT OF FAILURE TO GIVE NOTICE. Unless
37	39		notice is timely filed under Article 46D.003, evidence that the
38	40		defendant was a person with severe mental illness at the time of the
39	41		commission of the alleged offense is not admissible at the guilt or
40	42		innocence stage unless the court finds that good cause exists for
41	43		failure to give notice.
42	44		Art. 46D.005. DETERMINATION OF ISSUE BY JURY. (a) The issue
43	45		of whether the defendant was a person with severe mental illness at
44	46		the time of the commission of the alleged offense shall be submitted
45	47		to the jury only if the issue is supported by evidence. The jury
46	48		shall determine the issue and must return a special verdict on the
47	49		issue that is separate from the jury's verdict on the issue of guilt
48	50		or innocence.
49	51		(b) The defendant must prove by clear and convincing
50	52		evidence that the defendant was a person with severe mental illness
51	53		at the time of the commission of the alleged offense.
52	54		Art. 46D.006. APPOINTMENT OF DISINTERESTED EXPERT. (a) On
53	55		the request of either party or on the judge's own motion, the judge
54	56		shall appoint a disinterested expert experienced and qualified in
55	57		the field of diagnosing mental illness to examine the defendant and
56	58		determine whether the defendant is a person with severe mental
57	59		illness.
58	60		(b) The judge may, after giving notice to the defendant,
59	61		order the defendant to submit to an examination by an expert
60	62		appointed under this article.
61	63		(c) An examination described by this article:
62	64		(1) must be narrowly tailored to determine whether the
63	65		defendant has the specific disorder claimed; and
64	66		(2) may not include an assessment of the risk of danger
65	67		the defendant may pose to any person.
66	68		(d) An expert appointed under this article must provide the
67	69		defendant's attorney and the attorney representing the state with
68	70		all notes and data from the examination.
69	71		(e) A statement made by the defendant in an examination
70	72		under this article may not be admitted into evidence during the
71	73		trial of the offense.
72	74		Art. 46D.007. EFFECT OF DETERMINATION. (a) If the jury
73	75		determines that the defendant was a person with severe mental
74	76		illness at the time of the commission of an alleged capital offense,
75	77		and the defendant is convicted of that offense, Article 37.071 does
76	78		not apply to the defendant, and the judge shall sentence the
77	79		defendant to imprisonment in the Texas Department of Criminal
78	80		Justice for life without parole.
79	81		(b) If the jury determines that the defendant was not a
80	82		person with severe mental illness at the time of the commission of
81	83		an alleged capital offense and the defendant is convicted of that
82	84		offense, the judge shall conduct a sentencing proceeding in
83	85		accordance with Article 37.071. Evidence of a mental disability of
84	86		the defendant may be presented during that proceeding to the extent
85	87		permitted by Article 37.071.
86	88		SECTION 2. Chapter 46D, Code of Criminal Procedure, as
87	89		added by this Act, applies only to a trial that commences on or
88	90		after the effective date of this Act, regardless of whether the
89	91		alleged offense was committed before, on, or after that date.
90	92		SECTION 3. This Act takes effect September 1, 2019.