Texas 2021 - 87th Regular

Texas House Bill HB140 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R2794 ADM-D
2	2		By: Rose, Thompson of Harris, Coleman, Leach, H.B. No. 140
3		-	Krause~~, et al.~~
	3	+	Krause
4	4
5	5
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		relating to the applicability of the death penalty to a capital
9	9		offense committed by a person with severe mental illness.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Title 1, Code of Criminal Procedure, is amended
12	12		by adding Chapter 46D to read as follows:
13	13		CHAPTER 46D. CAPITAL CASE: SEVERE MENTAL ILLNESS
14	14		Art. 46D.001. DEFINITION. In this chapter, "person with
15	15		severe mental illness" means a person who has schizophrenia, a
16	16		schizoaffective disorder, or a bipolar disorder and, as a result of
17	17		that disorder, has active psychotic symptoms that substantially
18	18		impair the person's capacity to:
19	19		(1) appreciate the nature, consequences, or
20	20		wrongfulness of the person's conduct; or
21	21		(2) exercise rational judgment in relation to the
22	22		person's conduct.
23	23		Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
24	24		who at the time of the commission of a capital offense was a person
25	25		with severe mental illness may not be sentenced to death.
26	26		Art. 46D.003. NOTICE OF INTENT TO RAISE ISSUE OF SEVERE
27	27		MENTAL ILLNESS. (a) A defendant planning to offer evidence that
28	28		the defendant was a person with severe mental illness at the time of
29	29		the commission of the alleged offense must file with the court a
30	30		notice of the defendant's intention to offer that evidence.
31	31		(b) The notice must:
32	32		(1) contain a certification that a copy of the notice
33	33		has been served on the attorney representing the state; and
34	34		(2) be filed not later than the 30th day before the
35	35		date the case is set for trial.
36	36		Art. 46D.004. EFFECT OF FAILURE TO GIVE NOTICE. Unless
37	37		notice is timely filed under Article 46D.003, evidence that the
38	38		defendant was a person with severe mental illness at the time of the
39	39		commission of the alleged offense is not admissible at the guilt or
40	40		innocence stage unless the court finds that good cause exists for
41	41		failure to give notice.
42	42		Art. 46D.005. DETERMINATION OF ISSUE BY JURY. (a) The issue
43	43		of whether the defendant was a person with severe mental illness at
44	44		the time of the commission of the alleged offense shall be submitted
45	45		to the jury only if the issue is supported by evidence. The jury
46	46		shall determine the issue and must return a special verdict on the
47	47		issue that is separate from the jury's verdict on the issue of guilt
48	48		or innocence.
49	49		(b) The defendant must prove by clear and convincing
50	50		evidence that the defendant was a person with severe mental illness
51	51		at the time of the commission of the alleged offense.
52	52		Art. 46D.006. APPOINTMENT OF DISINTERESTED EXPERT. (a) On
53	53		the request of either party or on the judge's own motion, the judge
54	54		shall appoint a disinterested expert experienced and qualified in
55	55		the field of diagnosing mental illness to examine the defendant and
56	56		determine whether the defendant is a person with severe mental
57	57		illness.
58	58		(b) The judge may, after giving notice to the defendant,
59	59		order the defendant to submit to an examination by an expert
60	60		appointed under this article.
61	61		(c) An examination described by this article:
62	62		(1) must be narrowly tailored to determine whether the
63	63		defendant has the specific disorder claimed; and
64	64		(2) may not include an assessment of the risk of danger
65	65		the defendant may pose to any person.
66	66		(d) An expert appointed under this article must provide the
67	67		defendant's attorney and the attorney representing the state with
68	68		all notes and data from the examination.
69	69		(e) A statement made by the defendant in an examination
70	70		under this article may not be admitted into evidence during the
71	71		trial of the offense.
72	72		Art. 46D.007. EFFECT OF DETERMINATION. (a) If the jury
73	73		determines that the defendant was a person with severe mental
74	74		illness at the time of the commission of an alleged capital offense,
75	75		and the defendant is convicted of that offense, Article 37.071 does
76	76		not apply to the defendant, and the judge shall sentence the
77	77		defendant to imprisonment in the Texas Department of Criminal
78	78		Justice for life without parole.
79	79		(b) If the jury determines that the defendant was not a
80	80		person with severe mental illness at the time of the commission of
81	81		an alleged capital offense and the defendant is convicted of that
82	82		offense, the judge shall conduct a sentencing proceeding in
83	83		accordance with Article 37.071. Evidence of a mental disability of
84	84		the defendant may be presented during that proceeding to the extent
85	85		permitted by Article 37.071.
86	86		SECTION 2. Chapter 46D, Code of Criminal Procedure, as
87	87		added by this Act, applies only to a trial that commences on or
88	88		after the effective date of this Act, regardless of whether the
89	89		alleged offense was committed before, on, or after that date.
90	90		SECTION 3. This Act takes effect September 1, 2021.