Texas 2025 - 89th Regular

Texas House Bill HB688 Compare Versions

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

Old	New	Differences
1	1	89R683 LHC-F
2	2	By: Thompson H.B. No. 688
3	3
4	4
5	5
6	6
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 an intellectual disability.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 44.01, Code of Criminal Procedure, is
13	13	amended by amending Subsection (a) and adding Subsection (a-1) to
14	14	read as follows:
15	15	(a) The state is entitled to appeal an order of a court in a
16	16	criminal case if the order:
17	17	(1) dismisses an indictment, information, or
18	18	complaint or any portion of an indictment, information, or
19	19	complaint;
20	20	(2) arrests or modifies a judgment;
21	21	(3) grants a new trial;
22	22	(4) sustains a claim of former jeopardy;
23	23	(5) grants a motion to suppress evidence, a
24	24	confession, or an admission, if jeopardy has not attached in the
25	25	case and if the prosecuting attorney certifies to the trial court
26	26	that the appeal is not taken for the purpose of delay and that the
27	27	evidence, confession, or admission is of substantial importance in
28	28	the case; or
29	29	(6) is issued under Chapter 46D or 64.
30	30	(a-1) The state's appeal of an order issued under Chapter
31	31	46D is a direct appeal to the court of criminal appeals. The court
32	32	of criminal appeals shall expeditiously review the appeal.
33	33	SECTION 2. Title 1, Code of Criminal Procedure, is amended
34	34	by adding Chapter 46D to read as follows:
35	35	CHAPTER 46D. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY
36	36	Art. 46D.001. DEFINITIONS. In this chapter:
37	37	(1) "Deficits in adaptive behavior" means sufficient
38	38	deficits in adaptive functioning under prevailing medical
39	39	standards for determining intellectual disability.
40	40	(2) "Developmental period" means the developmental
41	41	period of a person's life, as determined by prevailing medical
42	42	standards.
43	43	(3) "Intellectual disability" means significantly
44	44	subaverage general intellectual functioning that is concurrent
45	45	with deficits in adaptive behavior and originates during the
46	46	developmental period.
47	47	(4) "Significantly subaverage general intellectual
48	48	functioning" refers to a measured intelligence quotient on a
49	49	standardized psychometric instrument of approximately two or more
50	50	standard deviations below the age-group mean for the test used,
51	51	considering the standard error of measurement applicable to the
52	52	instrument.
53	53	Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant
54	54	who is a person with an intellectual disability may not be sentenced
55	55	to death.
56	56	Art. 46D.003. HEARING; DETERMINATION. (a) The attorney
57	57	for a defendant in a capital case, not later than the first
58	58	anniversary of the date of the defendant's indictment, may request
59	59	in writing that the judge hearing the case hold a hearing to
60	60	determine whether the defendant is a person with an intellectual
61	61	disability.
62	62	(b) On receipt of a request under this article, if the judge
63	63	determines that the request was timely filed, the judge shall hold a
64	64	hearing in accordance with this chapter to determine the issue. The
65	65	hearing must be held:
66	66	(1) not earlier than 180 days after the date that the
67	67	written request was submitted under Subsection (a); and
68	68	(2) not later than the 120th day before the date the
69	69	trial is scheduled to begin.
70	70	(c) If the attorney for a defendant files an untimely
71	71	request under Subsection (a), or after the time for filing a request
72	72	under Subsection (a) otherwise presents evidence that the defendant
73	73	is a person with an intellectual disability, the judge may hold a
74	74	hearing in accordance with this chapter if the attorney can show
75	75	good cause for not filing a request within the time limit prescribed
76	76	by Subsection (a). The hearing may not be held before a jury
77	77	empaneled in the case.
78	78	Art. 46D.004. APPOINTMENT OF DISINTERESTED EXPERT. (a)
79	79	After the judge receives a request under Article 46D.003, and on the
80	80	request of either party or on the judge's own motion, the judge
81	81	shall appoint a disinterested expert experienced and qualified in
82	82	the field of diagnosing intellectual disabilities to examine the
83	83	defendant and determine whether the defendant is a person with an
84	84	intellectual disability.
85	85	(b) The judge may order the defendant to submit to an
86	86	examination by an expert appointed under this article.
87	87	(c) An examination described by this article must be
88	88	narrowly tailored to determine whether the defendant has an
89	89	intellectual disability.
90	90	Art. 46D.005. BURDEN OF PROOF. (a) At a hearing under this
91	91	chapter, the burden is on the defendant to prove by a preponderance
92	92	of the evidence that the defendant is a person with an intellectual
93	93	disability.
94	94	(b) The state may offer evidence to rebut evidence offered
95	95	by the defendant.
96	96	Art. 46D.006. PREVAILING MEDICAL STANDARDS. Evidence
97	97	offered by either party for purposes of a hearing under this chapter
98	98	must be consistent with prevailing medical standards for the
99	99	diagnosis of intellectual disabilities.
100	100	Art. 46D.007. DETERMINATION BY JURY AND ORDER RELATED TO
101	101	INTELLECTUAL DISABILITY. (a) Except as provided by Subsection
102	102	(f), the judge shall empanel a jury solely for the purpose of
103	103	determining whether the defendant is a person with an intellectual
104	104	disability. The judge shall empanel the jury in the same manner as
105	105	a jury is empaneled by the court for a felony other than a capital
106	106	felony.
107	107	(b) After the conclusion of the hearing, the judge shall
108	108	instruct the jury to state in its verdict whether the defendant is a
109	109	person with an intellectual disability.
110	110	(c) The jury's verdict that the defendant is a person with
111	111	an intellectual disability must be unanimous.
112	112	(d) If the jury determines that the defendant is a person
113	113	with an intellectual disability, the judge shall issue an
114	114	appropriate order in accordance with this chapter that the
115	115	defendant is a person with an intellectual disability.
116	116	(e) If the jury does not determine that the defendant is a
117	117	person with an intellectual disability, the judge shall conduct the
118	118	trial of the offense in the same manner as if a hearing under this
119	119	chapter had not been held. At the trial:
120	120	(1) the trial jury may not be informed of the fact that
121	121	a hearing was held under this chapter; and
122	122	(2) the defendant may present evidence of intellectual
123	123	disability as otherwise permitted by law.
124	124	(f) The defendant may, with the consent of the attorney
125	125	representing the state, waive a hearing before a jury and request a
126	126	hearing before the judge under Article 46D.008.
127	127	Art. 46D.008. DETERMINATION BY JUDGE AND ORDER RELATED TO
128	128	INTELLECTUAL DISABILITY. (a) If a hearing before a jury is waived
129	129	in accordance with Article 46D.007(f), the hearing must be held
130	130	before the judge, outside the presence of a jury.
131	131	(b) As soon as practicable but not later than the 30th day
132	132	after the conclusion of a hearing under this article, the judge
133	133	shall determine whether the defendant is a person with an
134	134	intellectual disability and issue an appropriate order. The order
135	135	must contain findings of fact explaining the judge's reasoning for
136	136	the determination and citing evidence in the record.
137	137	(c) If the judge does not determine that the defendant is a
138	138	person with an intellectual disability, the judge shall conduct the
139	139	trial of the offense in the same manner as if a hearing under this
140	140	chapter had not been held. At the trial:
141	141	(1) the jury may not be informed of the fact that the
142	142	judge held a hearing under this chapter; and
143	143	(2) the defendant may present evidence of intellectual
144	144	disability as otherwise permitted by law.
145	145	SECTION 3. The changes in law made by this Act apply only to
146	146	a trial that commences on or after the effective date of this Act,
147	147	regardless of whether the alleged offense was committed before, on,
148	148	or after that date.
149	149	SECTION 4. This Act takes effect September 1, 2025.