86R20101 ADM-D
By: Rose, Zerwas, Thompson of Harris, H.B. No. 1936
Coleman, Longoria, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of the death penalty to a capital
offense committed by a person with severe mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 46D to read as follows:
CHAPTER 46D. CAPITAL CASE: SEVERE MENTAL ILLNESS
Art. 46D.001. DEFINITION. In this chapter, "person with
severe mental illness" means a person who has schizophrenia, a
schizoaffective disorder, or a bipolar disorder and, as a result of
that disorder, has active psychotic symptoms that substantially
impair the person's capacity to:
(1) appreciate the nature, consequences, or
wrongfulness of the person's conduct; or
(2) exercise rational judgment in relation to the
person's conduct.
Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
who at the time of the commission of a capital offense was a person
with severe mental illness may not be sentenced to death.
Art. 46D.003. NOTICE OF INTENT TO RAISE ISSUE OF SEVERE
MENTAL ILLNESS. (a) A defendant planning to offer evidence that
the defendant was a person with severe mental illness at the time of
the commission of the alleged offense must file with the court a
notice of the defendant's intention to offer that evidence.
(b) The notice must:
(1) contain a certification that a copy of the notice
has been served on the attorney representing the state; and
(2) be filed not later than the 30th day before the
date the case is set for trial.
Art. 46D.004. EFFECT OF FAILURE TO GIVE NOTICE. Unless
notice is timely filed under Article 46D.003, evidence that the
defendant was a person with severe mental illness at the time of the
commission of the alleged offense is not admissible at the guilt or
innocence stage unless the court finds that good cause exists for
failure to give notice.
Art. 46D.005. DETERMINATION OF ISSUE BY JURY. (a) The issue
of whether the defendant was a person with severe mental illness at
the time of the commission of the alleged offense shall be submitted
to the jury only if the issue is supported by evidence. The jury
shall determine the issue and must return a special verdict on the
issue that is separate from the jury's verdict on the issue of guilt
or innocence.
(b) The defendant must prove by clear and convincing
evidence that the defendant was a person with severe mental illness
at the time of the commission of the alleged offense.
Art. 46D.006. APPOINTMENT OF DISINTERESTED EXPERT. (a) On
the request of either party or on the judge's own motion, the judge
shall appoint a disinterested expert experienced and qualified in
the field of diagnosing mental illness to examine the defendant and
determine whether the defendant is a person with severe mental
illness.
(b) The judge may, after giving notice to the defendant,
order the defendant to submit to an examination by an expert
appointed under this article.
(c) An examination described by this article:
(1) must be narrowly tailored to determine whether the
defendant has the specific disorder claimed; and
(2) may not include an assessment of the risk of danger
the defendant may pose to any person.
(d) An expert appointed under this article must provide the
defendant's attorney and the attorney representing the state with
all notes and data from the examination.
(e) A statement made by the defendant in an examination
under this article may not be admitted into evidence during the
trial of the offense.
Art. 46D.007. EFFECT OF DETERMINATION. (a) If the jury
determines that the defendant was a person with severe mental
illness at the time of the commission of an alleged capital offense,
and the defendant is convicted of that offense, Article 37.071 does
not apply to the defendant, and the judge shall sentence the
defendant to imprisonment in the Texas Department of Criminal
Justice for life without parole.
(b) If the jury determines that the defendant was not a
person with severe mental illness at the time of the commission of
an alleged capital offense and the defendant is convicted of that
offense, the judge shall conduct a sentencing proceeding in
accordance with Article 37.071. Evidence of a mental disability of
the defendant may be presented during that proceeding to the extent
permitted by Article 37.071.
SECTION 2. Chapter 46D, Code of Criminal Procedure, as
added by this Act, applies 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.