Texas 2023 - 88th Regular

Texas House Bill HB381 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1329 ADM-F
2	2	By: Thompson of Harris, Leach, Cook, et al. H.B. No. 381
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. Article 44.01, Code of Criminal Procedure, is
11	11	amended by amending Subsection (a) and adding Subsection (a-1) to
12	12	read as follows:
13	13	(a) The state is entitled to appeal an order of a court in a
14	14	criminal case if the order:
15	15	(1) dismisses an indictment, information, or
16	16	complaint or any portion of an indictment, information, or
17	17	complaint;
18	18	(2) arrests or modifies a judgment;
19	19	(3) grants a new trial;
20	20	(4) sustains a claim of former jeopardy;
21	21	(5) grants a motion to suppress evidence, a
22	22	confession, or an admission, if jeopardy has not attached in the
23	23	case and if the prosecuting attorney certifies to the trial court
24	24	that the appeal is not taken for the purpose of delay and that the
25	25	evidence, confession, or admission is of substantial importance in
26	26	the case; or
27	27	(6) is issued under Chapter 46D or 64.
28	28	(a-1) The state's appeal of an order issued under Chapter
29	29	46D is a direct appeal to the court of criminal appeals. The court
30	30	of criminal appeals shall expeditiously review the appeal.
31	31	SECTION 2. Title 1, Code of Criminal Procedure, is amended
32	32	by adding Chapter 46D to read as follows:
33	33	CHAPTER 46D. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY
34	34	Art. 46D.001. DEFINITIONS. In this chapter:
35	35	(1) "Deficits in adaptive behavior" means sufficient
36	36	deficits in adaptive functioning under prevailing medical
37	37	standards for determining intellectual disability.
38	38	(2) "Developmental period" means the developmental
39	39	period of a person's life, as determined by prevailing medical
40	40	standards.
41	41	(3) "Intellectual disability" means significantly
42	42	subaverage general intellectual functioning that is concurrent
43	43	with deficits in adaptive behavior and originates during the
44	44	developmental period.
45	45	(4) "Significantly subaverage general intellectual
46	46	functioning" refers to a measured intelligence quotient on a
47	47	standardized psychometric instrument of approximately two or more
48	48	standard deviations below the age-group mean for the test used,
49	49	considering the standard error of measurement applicable to the
50	50	instrument.
51	51	Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
52	52	who is a person with an intellectual disability may not be sentenced
53	53	to death.
54	54	Art. 46D.003. HEARING; DETERMINATION. (a) The attorney
55	55	for a defendant in a capital case, not later than the first
56	56	anniversary of the date of the defendant's indictment, may request
57	57	in writing that the judge hearing the case hold a hearing to
58	58	determine whether the defendant is a person with an intellectual
59	59	disability.
60	60	(b) On receipt of a request under this article, if the judge
61	61	determines that the request was timely filed, the judge shall hold a
62	62	hearing in accordance with this chapter to determine the issue. The
63	63	hearing must be held:
64	64	(1) not earlier than 180 days after the date that the
65	65	written request was submitted under Subsection (a); and
66	66	(2) not later than the 120th day before the date the
67	67	trial is scheduled to begin.
68	68	(c) If the attorney for a defendant files an untimely
69	69	request under Subsection (a), or after the time for filing a request
70	70	under Subsection (a) otherwise presents evidence that the defendant
71	71	is a person with an intellectual disability, the judge may hold a
72	72	hearing in accordance with this chapter if the attorney can show
73	73	good cause for not filing a request within the time limit prescribed
74	74	by Subsection (a). The hearing may not be held before a jury
75	75	empaneled in the case.
76	76	Art. 46D.004. APPOINTMENT OF DISINTERESTED EXPERT. (a)
77	77	After the judge receives a request under Article 46D.003, and on the
78	78	request of either party or on the judge's own motion, the judge
79	79	shall appoint a disinterested expert experienced and qualified in
80	80	the field of diagnosing intellectual disabilities to examine the
81	81	defendant and determine whether the defendant is a person with an
82	82	intellectual disability.
83	83	(b) The judge may order the defendant to submit to an
84	84	examination by an expert appointed under this article.
85	85	(c) An examination described by this article must be
86	86	narrowly tailored to determine whether the defendant has an
87	87	intellectual disability.
88	88	Art. 46D.005. BURDEN OF PROOF. (a) At a hearing under this
89	89	chapter, the burden is on the defendant to prove by a preponderance
90	90	of the evidence that the defendant is a person with an intellectual
91	91	disability.
92	92	(b) The state may offer evidence to rebut evidence offered
93	93	by the defendant.
94	94	Art. 46D.006. PREVAILING MEDICAL STANDARDS. Evidence
95	95	offered by either party for purposes of a hearing under this chapter
96	96	must be consistent with prevailing medical standards for the
97	97	diagnosis of intellectual disabilities.
98	98	Art. 46D.007. DETERMINATION BY JURY AND ORDER RELATED TO
99	99	INTELLECTUAL DISABILITY. (a) Except as provided by Subsection
100	100	(f), the judge shall empanel a jury solely for the purpose of
101	101	determining whether the defendant is a person with an intellectual
102	102	disability. The judge shall empanel the jury in the same manner as
103	103	a jury is empaneled by the court for a felony other than a capital
104	104	felony.
105	105	(b) After the conclusion of the hearing, the judge shall
106	106	instruct the jury to state in its verdict whether the defendant is a
107	107	person with an intellectual disability.
108	108	(c) The jury's verdict that the defendant is a person with
109	109	an intellectual disability must be unanimous.
110	110	(d) If the jury determines that the defendant is a person
111	111	with an intellectual disability, the judge shall issue an
112	112	appropriate order in accordance with this chapter that the
113	113	defendant is a person with an intellectual disability.
114	114	(e) If the jury does not determine that the defendant is a
115	115	person with an intellectual disability, the judge shall conduct the
116	116	trial of the offense in the same manner as if a hearing under this
117	117	chapter had not been held. At the trial:
118	118	(1) the trial jury may not be informed of the fact that
119	119	a hearing was held under this chapter; and
120	120	(2) the defendant may present evidence of intellectual
121	121	disability as otherwise permitted by law.
122	122	(f) The defendant may, with the consent of the attorney
123	123	representing the state, waive a hearing before a jury and request a
124	124	hearing before the judge under Article 46D.008.
125	125	Art. 46D.008. DETERMINATION BY JUDGE AND ORDER RELATED TO
126	126	INTELLECTUAL DISABILITY. (a) If a hearing before a jury is waived
127	127	in accordance with Article 46D.007(f), the hearing must be held
128	128	before the judge, outside the presence of a jury.
129	129	(b) As soon as practicable but not later than the 30th day
130	130	after the conclusion of a hearing under this article, the judge
131	131	shall determine whether the defendant is a person with an
132	132	intellectual disability and issue an appropriate order. The order
133	133	must contain findings of fact explaining the judge's reasoning for
134	134	the determination and citing evidence in the record.
135	135	(c) If the judge does not determine that the defendant is a
136	136	person with an intellectual disability, the judge shall conduct the
137	137	trial of the offense in the same manner as if a hearing under this
138	138	chapter had not been held. At the trial:
139	139	(1) the jury may not be informed of the fact that the
140	140	judge held a hearing under this chapter; and
141	141	(2) the defendant may present evidence of intellectual
142	142	disability as otherwise permitted by law.
143	143	SECTION 3. The changes in law made by this Act apply only to
144	144	a trial that commences on or after the effective date of this Act,
145	145	regardless of whether the alleged offense was committed before, on,
146	146	or after that date.
147	147	SECTION 4. This Act takes effect September 1, 2023.