86R4918 ADM-F
By: Miles S.B. No. 418
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 46D to read as follows:
CHAPTER 46D. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY
Art. 46D.001. DEFINITIONS. In this chapter:
(1) "Adaptive behavior" means the effectiveness with
or degree to which a person meets generally recognized standards of
personal independence and social responsibility by using learned
conceptual, social, and practical skills in everyday life.
(2) "Intellectual disability" means significantly
below average general intellectual functioning that is concurrent
with significant deficits in adaptive behavior and originates
during the developmental period.
(3) "Significantly below average general intellectual
functioning" refers to a measured intelligence quotient on a
standardized psychometric instrument of two or more standard
deviations below the age-group mean for the test used, considering
the standard error of measurement applicable to the instrument.
Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
who is a person with an intellectual disability may not be sentenced
to death.
Art. 46D.003. HEARING; DETERMINATION. (a) The attorney
for a defendant in a capital case, not later than the 30th day
before the date trial is scheduled to begin, may request in writing
that the judge hearing the case hold a hearing to determine whether
the defendant is a person with an intellectual disability.
(b) A request under Subsection (a) must be accompanied by
evidence supporting the claim that the defendant is a person with an
intellectual disability.
(c) On receipt of a request under this article, if the judge
determines that the request was timely filed and was accompanied by
evidence sufficient to support a finding that the defendant is a
person with an intellectual disability, the judge shall hold a
hearing to determine the issue.
(d) For purposes of Subsection (c), evidence sufficient to
support a finding that the defendant is a person with an
intellectual disability may consist solely of a representation from
a credible source that the defendant may be a person with an
intellectual disability.
Art. 46D.004. 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 intellectual disabilities to examine the
defendant and determine whether the defendant is a person with an
intellectual disability.
(b) The judge may order the defendant to submit to an
examination by an expert appointed under this article.
(c) An examination described by this article must be
narrowly tailored to determine whether the defendant has an
intellectual disability.
Art. 46D.005. BURDEN OF PROOF. (a) At a hearing under this
chapter, the burden is on the defendant to prove by a preponderance
of the evidence that the defendant is a person with an intellectual
disability.
(b) The state may offer evidence to rebut evidence offered
by the defendant.
Art. 46D.006. PREVAILING MEDICAL STANDARDS. Evidence
offered by either party for purposes of a hearing under this chapter
must be consistent with prevailing medical standards for the
diagnosis of intellectual disabilities.
Art. 46D.007. FINDING OF FACT RELATED TO INTELLECTUAL
DISABILITY. (a) Not later than the 120th day after the conclusion
of a hearing under this chapter, the judge shall issue a written
finding of fact as to whether the defendant is a person with an
intellectual disability. The finding of fact must explain the
judge's reasoning and cite evidence in the record.
(b) If the judge finds that the defendant is a person with an
intellectual disability and the defendant is subsequently
convicted of a capital 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.
(c) If the judge does not find that the defendant is a person
with an intellectual disability, the judge shall conduct the trial
of the offense in the same manner as if a hearing under this chapter
had not been held. At the trial:
(1) the jury may not be informed of the fact that the
judge held a hearing under this article; and
(2) the defendant may present evidence of intellectual
disability as otherwise permitted by law.
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.