By: Wilson H.B. No. 1784
73R6354 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of capital felony committed by a person
1-3 with mental retardation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 2(b), (c), (d), (e), and (g), Article
1-6 37.071, Code of Criminal Procedure, are amended to read as follows:
1-7 (b) On conclusion of the presentation of the evidence, the
1-8 court shall submit the following issues to the jury:
1-9 (1) whether there is a probability that the defendant
1-10 would commit criminal acts of violence that would constitute a
1-11 continuing threat to society; <and>
1-12 (2) in cases in which the jury charge at the guilt or
1-13 innocence stage permitted the jury to find the defendant guilty as
1-14 a party under Sections 7.01 and 7.02, Penal Code, whether the
1-15 defendant actually caused the death of the deceased or did not
1-16 actually cause the death of the deceased but intended to kill the
1-17 deceased or another or anticipated that a human life would be
1-18 taken; and
1-19 (3) whether the defendant is a person with mental
1-20 retardation, as defined by Section 591.003, Health and Safety Code.
1-21 (c) The state must prove each issue submitted under
1-22 Subsection (b)(1) or (2) of this article beyond a reasonable doubt.
1-23 The defendant must prove an issue submitted under Subsection (b)(3)
1-24 of this article beyond a reasonable doubt. The<, and the> jury
2-1 shall return a special verdict of "yes" or "no" on each issue
2-2 submitted under Subsection (b) of this Article.
2-3 (d) The court shall charge the jury that:
2-4 (1) in deliberating on the issues submitted under
2-5 Subsection (b) of this article, it shall consider all evidence
2-6 admitted at the guilt or innocence stage and the punishment stage,
2-7 including evidence of the defendant's background or character or
2-8 the circumstances of the offense that militates for or mitigates
2-9 against the imposition of the death penalty;
2-10 (2) it may not answer any issue submitted under
2-11 Subsection (b) of this article "yes" unless it agrees unanimously
2-12 and it may not answer any issue "no" unless 10 or more jurors
2-13 agree; <and>
2-14 (3) members of the jury need not agree on what
2-15 particular evidence supports a negative answer to any issue
2-16 submitted under Subsection (b) of this article; and
2-17 (4) it may presume that the defendant is a person with
2-18 mental retardation if the defendant has an intelligence quotient of
2-19 70 or below.
2-20 (e) The court shall instruct the jury that if the jury
2-21 returns an affirmative finding to each issue submitted under
2-22 Subsections <Subsection> (b)(1) and (2) of this article and a
2-23 negative finding to an issue submitted under Subsection (b)(3) of
2-24 this article, it shall answer the following issue:
2-25 Whether, taking into consideration all of the evidence,
2-26 including the circumstances of the offense, the defendant's
2-27 character and background, and the personal moral culpability of the
3-1 defendant, there is a sufficient mitigating circumstance or
3-2 circumstances to warrant that a sentence of life imprisonment
3-3 rather than a death sentence be imposed.
3-4 (g) If the jury returns an affirmative finding on each issue
3-5 submitted under Subsection (b)(1) or (2) of this article, a
3-6 negative finding on an issue submitted under Subsection (b)(3) of
3-7 this article, and a negative finding on an issue submitted under
3-8 Subsection (e) of this article, the court shall sentence the
3-9 defendant to death. If the jury returns a negative finding on any
3-10 issue submitted under Subsection (b)(1) or (2) of this article or
3-11 an affirmative finding on an issue submitted under Subsection
3-12 (b)(3) or Subsection (e) of this article or is unable to answer any
3-13 issue submitted under Subsection (b) or (e) of this article, the
3-14 court shall sentence the defendant to confinement in the
3-15 institutional division of the Texas Department of Criminal Justice
3-16 for life.
3-17 SECTION 2. Article 44.251(a), Code of Criminal Procedure, is
3-18 amended to read as follows:
3-19 (a) The court of criminal appeals shall reform a sentence of
3-20 death to a sentence of confinement in the institutional division of
3-21 the Texas Department of Criminal Justice for life if the court
3-22 finds that there is insufficient evidence to support an affirmative
3-23 answer to an issue submitted to the jury under Section 2(b)(1) or
3-24 (2), Article 37.071, <37.071(b)> of this code or a negative answer
3-25 to an issue submitted to a jury under Section 2(b)(3) or Section
3-26 2(e), Article 37.071, <37.071(e)> of this code.
3-27 SECTION 3. (a) The change in law made by this Act applies
4-1 only to the trial of a capital offense in which the punishment
4-2 phase of the trial for the offense begins on or after the effective
4-3 date of this Act.
4-4 (b) The trial of a capital offense for which the punishment
4-5 phase begins before the effective date of this Act is governed by
4-6 the law in effect when the offense was committed, and the former
4-7 law is continued in effect for that purpose.
4-8 SECTION 4. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended,
4-13 and that this Act take effect and be in force from and after its
4-14 passage, and it is so enacted.