Texas 2021 - 87th Regular

Texas Senate Bill SB80

Caption

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

Impact

Should SB80 be enacted, it would define 'intellectual disability' and set forth a procedure for determining whether a defendant fits this designation. This includes allowing the defense to request a hearing to evaluate the defendant's mental capacity within specific timelines relative to the legal proceedings. The proposed amendments seek to align the legal framework with prevailing medical standards for diagnosing intellectual disabilities, marking a significant change in how the justice system addresses mental health in capital cases.

Summary

SB80 relates to the applicability of the death penalty for capital offenses committed by individuals diagnosed with intellectual disabilities. The bill proposes amendments to the Code of Criminal Procedure, specifically to ensure that individuals with verified intellectual disabilities cannot be sentenced to death for their crimes. It introduces a new chapter (Chapter 46E), which outlines the definitions, processes, and legal thresholds regarding the assessment of intellectual disabilities in the context of capital punishment.

Conclusion

Ultimately, the passage of SB80 signifies an important step towards the intersection of criminal justice and mental health policy, reflecting the growing recognition of the need for a humane legal system that accounts for mental disabilities. The bill signifies a broader discourse on justice reform, advocating for a legal approach that prioritizes treatment and understanding over punishment for the most vulnerable populations.

Contention

The bill's primary point of contention lies in its implications for capital punishment regulations. Proponents argue that it is ethically imperative to exempt those with intellectual disabilities from the death penalty, citing moral and humanitarian grounds. Conversely, opponents may express concerns regarding the practical application of such provisions, questioning how intellectual disabilities are diagnosed and whether there are sufficient safeguards to prevent the misuse of this bill as a loophole in capital cases.

Companion Bills

TX HB869

Similar To Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

Previously Filed As

TX HB1139

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX SB418

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX HB869

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX SB1353

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX SB432

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX HB381

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX HB688

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX SB226

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

Similar Bills

CA AB2512

Death penalty: person with an intellectual disability.

CA SB1001

Death penalty: intellectually disabled persons.

HI SB2051

Relating To Disability Health Disparity.

HI SB850

Relating To Disability Health Disparity.

HI HB819

Relating To Disability Health Disparity.

AZ SB1474

Death penalty serious mental illness

HI SB755

Relating To Disability Health Disparity.

TX SB1740

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.