Texas 2023 - 88th Regular

Texas House Bill HB381

Filed
11/14/22  
Out of House Committee
3/8/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

If enacted, HB 381 would amend existing provisions in the Texas Code of Criminal Procedure by introducing a new chapter focused on capital cases involving defendants with intellectual disabilities. This includes clear definitions of intellectual disability, the establishment of protocols for hearings to assess such claims, and the criteria under which evidence must be presented. By codifying these standards into law, the bill aims to create a more humane and equitable legal framework for those affected, as it acknowledges the significant implications that intellectual disabilities have on criminal responsibility and sentencing.

Summary

House Bill 381 relates specifically to the applicability of the death penalty in cases involving individuals with intellectual disabilities. The legislation seeks to ensure that defendants who are classified as having an intellectual disability cannot be sentenced to death, aligning Texas law with precedents set by the United States Supreme Court. This bill establishes a defined process for evaluating claims of intellectual disability during capital trials, emphasizing the importance of consistent legal standards across the state.

Sentiment

The sentiment regarding HB 381 appears to be largely positive among advocates for individuals with intellectual disabilities. Testimonies during committee discussions highlighted support from various organizations, including the Arc of Texas, which advocates for the rights of individuals with disabilities. Supporters argue that this bill is a necessary step to prevent the execution of individuals who may not fully comprehend their actions due to their mental capacity, thereby emphasizing the ethical considerations surrounding capital punishment.

Contention

Notable points of contention may arise from opposition that traditionally stems from debates over the death penalty itself. Critics of abolishing the death penalty often cite concerns about potential escalations in crime or the failure to adequately punish heinous acts. While the majority sentiment leans toward protection for vulnerable populations, there remains a faction of legislators who might see the bill as an impediment to justice in serious criminal cases. However, the overwhelming support during committee votes suggests that a consensus is building around the need for protective measures for defendants with intellectual disabilities.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

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 SB80

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 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 SB850

Relating To Disability Health Disparity.

HI SB2051

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.