Texas 2025 - 89th Regular

Texas Senate Bill SB432 Compare Versions

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

Old	New	Differences
1	1	89R543 CJD-F
2	2	By: Miles S.B. No. 432
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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 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 to determine the issue. The hearing must be held:
65	65	(1) not earlier than the 180th day after the date that
66	66	the written request was submitted under Subsection (a); and
67	67	(2) not later than the 120th day before the date the
68	68	trial is scheduled to begin.
69	69	(c) If the attorney for a defendant files an untimely
70	70	request under Subsection (a), or after the time for filing a request
71	71	under Subsection (a) otherwise presents evidence that the defendant
72	72	is a person with an intellectual disability, the judge may hold a
73	73	hearing under this chapter outside the presence of the jury if the
74	74	attorney can show good cause for not filing a request within the
75	75	time limit prescribed by Subsection (a).
76	76	Art. 46D.004. APPOINTMENT OF DISINTERESTED EXPERT. (a) On
77	77	the request of either party or on the judge's own motion, the judge
78	78	shall appoint a disinterested expert experienced and qualified in
79	79	the field of diagnosing intellectual disabilities to examine the
80	80	defendant and determine whether the defendant is a person with an
81	81	intellectual disability.
82	82	(b) The judge may order the defendant to submit to an
83	83	examination by an expert appointed under this article.
84	84	(c) An examination described by this article must be
85	85	narrowly tailored to determine whether the defendant has an
86	86	intellectual disability.
87	87	Art. 46D.005. BURDEN OF PROOF. (a) At a hearing under this
88	88	chapter, the burden is on the defendant to prove by a preponderance
89	89	of the evidence that the defendant is a person with an intellectual
90	90	disability.
91	91	(b) The state may offer evidence to rebut evidence offered
92	92	by the defendant.
93	93	Art. 46D.006. PREVAILING MEDICAL STANDARDS. Evidence
94	94	offered by either party for purposes of a hearing under this chapter
95	95	must be consistent with prevailing medical standards for the
96	96	diagnosis of intellectual disabilities.
97	97	Art. 46D.007. DETERMINATION AND ORDER RELATED TO
98	98	INTELLECTUAL DISABILITY. (a) As soon as practicable but not later
99	99	than the 30th day after the conclusion of a hearing under this
100	100	chapter, the judge shall determine whether the defendant is a
101	101	person with an intellectual disability and issue an appropriate
102	102	order. The order must contain findings of fact explaining the
103	103	judge's reasoning for the determination and citing evidence in the
104	104	record.
105	105	(b) If the judge does not determine that the defendant is a
106	106	person with an intellectual disability, the judge shall conduct the
107	107	trial of the offense in the same manner as if a hearing under this
108	108	chapter had not been held. At the trial:
109	109	(1) the jury may not be informed of the fact that the
110	110	judge held a hearing under this chapter; and
111	111	(2) the defendant may present evidence of intellectual
112	112	disability as otherwise permitted by law.
113	113	SECTION 3. The changes in law made by this Act apply only to
114	114	a trial that commences on or after the effective date of this Act,
115	115	regardless of whether the alleged offense was committed before, on,
116	116	or after that date.
117	117	SECTION 4. This Act takes effect September 1, 2025.