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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of the death penalty to a capital |
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offense committed by a person with severe mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 46D to read as follows: |
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CHAPTER 46D. CAPITAL CASE: SEVERE MENTAL ILLNESS |
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Art. 46D.001. DEFINITION. In this chapter, "person with |
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severe mental illness" means a person who has schizophrenia, a |
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schizoaffective disorder, or a bipolar disorder and, as a result of |
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that disorder, has active psychotic symptoms that substantially |
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impair the person's capacity to: |
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(1) appreciate the nature, consequences, or |
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wrongfulness of the person's conduct; or |
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(2) exercise rational judgment in relation to the |
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person's conduct. |
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Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant |
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who at the time of the commission of a capital offense was a person |
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with severe mental illness may not be sentenced to death. |
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Art. 46D.003. NOTICE OF INTENT TO RAISE ISSUE OF SEVERE |
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MENTAL ILLNESS. (a) A defendant planning to offer evidence that |
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the defendant was a person with severe mental illness at the time of |
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the commission of the alleged offense must file with the court a |
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notice of the defendant's intention to offer that evidence. |
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(b) The notice must: |
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(1) contain a certification that a copy of the notice |
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has been served on the attorney representing the state; and |
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(2) be filed not later than the 30th day before the |
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date the case is set for trial. |
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Art. 46D.004. EFFECT OF FAILURE TO GIVE NOTICE. Unless |
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notice is timely filed under Article 46D.003, evidence that the |
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defendant was a person with severe mental illness at the time of the |
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commission of the alleged offense is not admissible at the guilt or |
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innocence stage unless the court finds that good cause exists for |
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failure to give notice. |
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Art. 46D.005. DETERMINATION OF ISSUE BY JURY. (a) The issue |
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of whether the defendant was a person with severe mental illness at |
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the time of the commission of the alleged offense shall be submitted |
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to the jury only if the issue is supported by evidence. The jury |
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shall determine the issue and must return a special verdict on the |
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issue that is separate from the jury's verdict on the issue of guilt |
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or innocence. |
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(b) The defendant must prove by clear and convincing |
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evidence that the defendant was a person with severe mental illness |
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at the time of the commission of the alleged offense. |
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Art. 46D.006. APPOINTMENT OF DISINTERESTED EXPERT. (a) On |
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the request of either party or on the judge's own motion, the judge |
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shall appoint a disinterested expert experienced and qualified in |
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the field of diagnosing mental illness to examine the defendant and |
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determine whether the defendant is a person with severe mental |
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illness. |
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(b) The judge may, after giving notice to the defendant, |
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order the defendant to submit to an examination by an expert |
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appointed under this article. |
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(c) An examination described by this article: |
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(1) must be narrowly tailored to determine whether the |
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defendant has the specific disorder claimed; and |
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(2) may not include an assessment of the risk of danger |
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the defendant may pose to any person. |
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(d) An expert appointed under this article must provide the |
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defendant's attorney and the attorney representing the state with |
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all notes and data from the examination. |
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(e) A statement made by the defendant in an examination |
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under this article may not be admitted into evidence during the |
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trial of the offense. |
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Art. 46D.007. EFFECT OF DETERMINATION. (a) If the jury |
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determines that the defendant was a person with severe mental |
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illness at the time of the commission of an alleged capital offense, |
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and the defendant is convicted of that offense, Article 37.071 does |
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not apply to the defendant, and the judge shall sentence the |
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defendant to imprisonment in the Texas Department of Criminal |
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Justice for life without parole. |
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(b) If the jury determines that the defendant was not a |
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person with severe mental illness at the time of the commission of |
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an alleged capital offense and the defendant is convicted of that |
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offense, the judge shall conduct a sentencing proceeding in |
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accordance with Article 37.071. Evidence of a mental disability of |
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the defendant may be presented during that proceeding to the extent |
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permitted by Article 37.071. |
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SECTION 2. Chapter 46D, Code of Criminal Procedure, as |
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added by this Act, applies only to a trial that commences on or |
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after the effective date of this Act, regardless of whether the |
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alleged offense was committed before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2021. |