Texas 2025 - 89th Regular

Texas House Bill HB2777 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5665 CJD-D
2	2	By: Rose H.B. No. 2777
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the applicability of the death penalty to a capital
10	10	offense committed by a person with severe mental illness.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 1, Code of Criminal Procedure, is amended
13	13	by adding Chapter 46D to read as follows:
14	14	CHAPTER 46D. CAPITAL CASE: SEVERE MENTAL ILLNESS
15	15	Art. 46D.001. DEFINITION. In this chapter, "person with
16	16	severe mental illness" means a person who has schizophrenia or a
17	17	schizoaffective disorder and, as a result of that disorder, has
18	18	active psychotic symptoms that substantially impair the person's
19	19	capacity to:
20	20	(1) appreciate the nature, consequences, or
21	21	wrongfulness of the person's conduct; or
22	22	(2) exercise rational judgment in relation to the
23	23	person's conduct.
24	24	Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
25	25	who at the time of the commission of a capital offense was a person
26	26	with severe mental illness may not be sentenced to death.
27	27	Art. 46D.003. NOTICE OF INTENT TO RAISE ISSUE OF SEVERE
28	28	MENTAL ILLNESS. (a) A defendant planning to offer evidence that
29	29	the defendant was a person with severe mental illness at the time of
30	30	the commission of the alleged offense must file with the court a
31	31	notice of the defendant's intention to offer that evidence.
32	32	(b) The notice must:
33	33	(1) contain a certification that a copy of the notice
34	34	has been served on the attorney representing the state; and
35	35	(2) be filed not later than the 30th day before the
36	36	date the trial is scheduled to begin.
37	37	Art. 46D.004. EFFECT OF FAILURE TO GIVE NOTICE. Unless
38	38	notice is timely filed under Article 46D.003, evidence that the
39	39	defendant was a person with severe mental illness at the time of the
40	40	commission of the alleged offense is not admissible at the guilt or
41	41	innocence stage unless the court finds that good cause exists for
42	42	failure to give notice.
43	43	Art. 46D.005. DETERMINATION OF ISSUE BY JURY. (a) The issue
44	44	of whether the defendant was a person with severe mental illness at
45	45	the time of the commission of the alleged offense shall be submitted
46	46	to the jury only if the issue is supported by evidence. The jury
47	47	shall determine the issue and must return a special verdict on the
48	48	issue that is separate from the jury's verdict on the issue of guilt
49	49	or innocence.
50	50	(b) The defendant must prove by clear and convincing
51	51	evidence that the defendant was a person with severe mental illness
52	52	at the time of the commission of the alleged offense.
53	53	Art. 46D.006. APPOINTMENT OF DISINTERESTED EXPERT. (a) On
54	54	the request of either party or on the judge's own motion, the judge
55	55	shall appoint a disinterested expert experienced and qualified in
56	56	the field of diagnosing mental illness to examine the defendant and
57	57	determine whether the defendant is a person with severe mental
58	58	illness.
59	59	(b) The judge may, after giving notice to the defendant,
60	60	order the defendant to submit to an examination by an expert
61	61	appointed under this article.
62	62	(c) An examination described by this article:
63	63	(1) must be narrowly tailored to determine whether the
64	64	defendant has the specific disorder claimed; and
65	65	(2) may not include an assessment of the risk of danger
66	66	the defendant may pose to any person.
67	67	(d) An expert appointed under this article must provide the
68	68	defendant's attorney and the attorney representing the state with
69	69	all notes and data from the examination.
70	70	(e) A statement made by the defendant in an examination
71	71	under this article may not be admitted into evidence during the
72	72	trial of the offense.
73	73	Art. 46D.007. EFFECT OF DETERMINATION. (a) If the jury
74	74	determines that the defendant was a person with severe mental
75	75	illness at the time of the commission of an alleged capital offense,
76	76	and the defendant is convicted of that offense, Article 37.071 does
77	77	not apply to the defendant, and the judge shall sentence the
78	78	defendant to imprisonment in the Texas Department of Criminal
79	79	Justice for life without parole.
80	80	(b) If the jury determines that the defendant was not a
81	81	person with severe mental illness at the time of the commission of
82	82	an alleged capital offense and the defendant is convicted of that
83	83	offense, the judge shall conduct a sentencing proceeding in
84	84	accordance with Article 37.071. Evidence of a mental disability of
85	85	the defendant may be presented during that proceeding to the extent
86	86	permitted by Article 37.071.
87	87	SECTION 2. Chapter 46D, Code of Criminal Procedure, as
88	88	added by this Act, applies only to a trial that commences on or
89	89	after the effective date of this Act, regardless of whether the
90	90	alleged offense was committed before, on, or after that date.
91	91	SECTION 3. This Act takes effect September 1, 2025.