Texas 2023 - 88th Regular

Texas House Bill HB727 Compare Versions

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1	1	By: Rose, Thompson of Harris, Hernandez, H.B. No. 727
2	2	Leach, et al.
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 severe mental illness.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Code of Criminal Procedure, is amended
11	11	by adding Chapter 46D to read as follows:
12	12	CHAPTER 46D. CAPITAL CASE: SEVERE MENTAL ILLNESS
13	13	Art. 46D.001. DEFINITION. In this chapter, "person with
14	14	severe mental illness" means a person who has schizophrenia or a
15	15	schizoaffective disorder and, as a result of that disorder, has
16	16	active psychotic symptoms that substantially impair the person's
17	17	capacity to:
18	18	(1) appreciate the nature, consequences, or
19	19	wrongfulness of the person's conduct; or
20	20	(2) exercise rational judgment in relation to the
21	21	person's conduct.
22	22	Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
23	23	who at the time of the commission of a capital offense was a person
24	24	with severe mental illness may not be sentenced to death.
25	25	Art. 46D.003. NOTICE OF INTENT TO RAISE ISSUE OF SEVERE
26	26	MENTAL ILLNESS. (a) A defendant planning to offer evidence that
27	27	the defendant was a person with severe mental illness at the time of
28	28	the commission of the alleged offense must file with the court a
29	29	notice of the defendant's intention to offer that evidence.
30	30	(b) The notice must:
31	31	(1) contain a certification that a copy of the notice
32	32	has been served on the attorney representing the state; and
33	33	(2) be filed not later than the 30th day before the
34	34	date the trial is scheduled to begin.
35	35	Art. 46D.004. EFFECT OF FAILURE TO GIVE NOTICE. Unless
36	36	notice is timely filed under Article 46D.003, evidence that the
37	37	defendant was a person with severe mental illness at the time of the
38	38	commission of the alleged offense is not admissible at the guilt or
39	39	innocence stage unless the court finds that good cause exists for
40	40	failure to give notice.
41	41	Art. 46D.005. DETERMINATION OF ISSUE BY JURY. (a) The issue
42	42	of whether the defendant was a person with severe mental illness at
43	43	the time of the commission of the alleged offense shall be submitted
44	44	to the jury only if the issue is supported by evidence. The jury
45	45	shall determine the issue and must return a special verdict on the
46	46	issue that is separate from the jury's verdict on the issue of guilt
47	47	or innocence.
48	48	(b) The defendant must prove by clear and convincing
49	49	evidence that the defendant was a person with severe mental illness
50	50	at the time of the commission of the alleged offense.
51	51	Art. 46D.006. APPOINTMENT OF DISINTERESTED EXPERT. (a) On
52	52	the request of either party or on the judge's own motion, the judge
53	53	shall appoint a disinterested expert experienced and qualified in
54	54	the field of diagnosing mental illness to examine the defendant and
55	55	determine whether the defendant is a person with severe mental
56	56	illness.
57	57	(b) The judge may, after giving notice to the defendant,
58	58	order the defendant to submit to an examination by an expert
59	59	appointed under this article.
60	60	(c) An examination described by this article:
61	61	(1) must be narrowly tailored to determine whether the
62	62	defendant has the specific disorder claimed; and
63	63	(2) may not include an assessment of the risk of danger
64	64	the defendant may pose to any person.
65	65	(d) An expert appointed under this article must provide the
66	66	defendant's attorney and the attorney representing the state with
67	67	all notes and data from the examination.
68	68	(e) A statement made by the defendant in an examination
69	69	under this article may not be admitted into evidence during the
70	70	trial of the offense.
71	71	Art. 46D.007. EFFECT OF DETERMINATION. (a) If the jury
72	72	determines that the defendant was a person with severe mental
73	73	illness at the time of the commission of an alleged capital offense,
74	74	and the defendant is convicted of that offense, Article 37.071 does
75	75	not apply to the defendant, and the judge shall sentence the
76	76	defendant to imprisonment in the Texas Department of Criminal
77	77	Justice for life without parole.
78	78	(b) If the jury determines that the defendant was not a
79	79	person with severe mental illness at the time of the commission of
80	80	an alleged capital offense and the defendant is convicted of that
81	81	offense, the judge shall conduct a sentencing proceeding in
82	82	accordance with Article 37.071. Evidence of a mental disability of
83	83	the defendant may be presented during that proceeding to the extent
84	84	permitted by Article 37.071.
85	85	SECTION 2. Chapter 46D, Code of Criminal Procedure, as
86	86	added by this Act, applies only to a trial that commences on or
87	87	after the effective date of this Act, regardless of whether the
88	88	alleged offense was committed before, on, or after that date.
89	89	SECTION 3. This Act takes effect September 1, 2023.