Texas 2019 - 86th Regular

Texas Senate Bill SB418 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4918 ADM-F
2	2	By: Miles S.B. No. 418
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability of the death penalty to a capital
8	8	offense committed by a person with an intellectual disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Code of Criminal Procedure, is amended
11	11	by adding Chapter 46D to read as follows:
12	12	CHAPTER 46D. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY
13	13	Art. 46D.001. DEFINITIONS. In this chapter:
14	14	(1) "Adaptive behavior" means the effectiveness with
15	15	or degree to which a person meets generally recognized standards of
16	16	personal independence and social responsibility by using learned
17	17	conceptual, social, and practical skills in everyday life.
18	18	(2) "Intellectual disability" means significantly
19	19	below average general intellectual functioning that is concurrent
20	20	with significant deficits in adaptive behavior and originates
21	21	during the developmental period.
22	22	(3) "Significantly below average general intellectual
23	23	functioning" refers to a measured intelligence quotient on a
24	24	standardized psychometric instrument of two or more standard
25	25	deviations below the age-group mean for the test used, considering
26	26	the standard error of measurement applicable to the instrument.
27	27	Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
28	28	who is a person with an intellectual disability may not be sentenced
29	29	to death.
30	30	Art. 46D.003. HEARING; DETERMINATION. (a) The attorney
31	31	for a defendant in a capital case, not later than the 30th day
32	32	before the date trial is scheduled to begin, may request in writing
33	33	that the judge hearing the case hold a hearing to determine whether
34	34	the defendant is a person with an intellectual disability.
35	35	(b) A request under Subsection (a) must be accompanied by
36	36	evidence supporting the claim that the defendant is a person with an
37	37	intellectual disability.
38	38	(c) On receipt of a request under this article, if the judge
39	39	determines that the request was timely filed and was accompanied by
40	40	evidence sufficient to support a finding that the defendant is a
41	41	person with an intellectual disability, the judge shall hold a
42	42	hearing to determine the issue.
43	43	(d) For purposes of Subsection (c), evidence sufficient to
44	44	support a finding that the defendant is a person with an
45	45	intellectual disability may consist solely of a representation from
46	46	a credible source that the defendant may be a person with an
47	47	intellectual disability.
48	48	Art. 46D.004. APPOINTMENT OF DISINTERESTED EXPERT. (a) On
49	49	the request of either party or on the judge's own motion, the judge
50	50	shall appoint a disinterested expert experienced and qualified in
51	51	the field of diagnosing intellectual disabilities to examine the
52	52	defendant and determine whether the defendant is a person with an
53	53	intellectual disability.
54	54	(b) The judge may order the defendant to submit to an
55	55	examination by an expert appointed under this article.
56	56	(c) An examination described by this article must be
57	57	narrowly tailored to determine whether the defendant has an
58	58	intellectual disability.
59	59	Art. 46D.005. BURDEN OF PROOF. (a) At a hearing under this
60	60	chapter, the burden is on the defendant to prove by a preponderance
61	61	of the evidence that the defendant is a person with an intellectual
62	62	disability.
63	63	(b) The state may offer evidence to rebut evidence offered
64	64	by the defendant.
65	65	Art. 46D.006. PREVAILING MEDICAL STANDARDS. Evidence
66	66	offered by either party for purposes of a hearing under this chapter
67	67	must be consistent with prevailing medical standards for the
68	68	diagnosis of intellectual disabilities.
69	69	Art. 46D.007. FINDING OF FACT RELATED TO INTELLECTUAL
70	70	DISABILITY. (a) Not later than the 120th day after the conclusion
71	71	of a hearing under this chapter, the judge shall issue a written
72	72	finding of fact as to whether the defendant is a person with an
73	73	intellectual disability. The finding of fact must explain the
74	74	judge's reasoning and cite evidence in the record.
75	75	(b) If the judge finds that the defendant is a person with an
76	76	intellectual disability and the defendant is subsequently
77	77	convicted of a capital offense, Article 37.071 does not apply to the
78	78	defendant, and the judge shall sentence the defendant to
79	79	imprisonment in the Texas Department of Criminal Justice for life
80	80	without parole.
81	81	(c) If the judge does not find that the defendant is a person
82	82	with an intellectual disability, the judge shall conduct the trial
83	83	of the offense in the same manner as if a hearing under this chapter
84	84	had not been held. At the trial:
85	85	(1) the jury may not be informed of the fact that the
86	86	judge held a hearing under this article; and
87	87	(2) the defendant may present evidence of intellectual
88	88	disability as otherwise permitted by law.
89	89	SECTION 2. Chapter 46D, Code of Criminal Procedure, as
90	90	added by this Act, applies only to a trial that commences on or
91	91	after the effective date of this Act, regardless of whether the
92	92	alleged offense was committed before, on, or after that date.
93	93	SECTION 3. This Act takes effect September 1, 2019.