By De La Garza H.B. No. 527
74R3040 DD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of a capital felony committed by a
1-3 person with mental retardation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title I, Code of Criminal Procedure, is amended
1-6 by adding Chapter 46B to read as follows:
1-7 CHAPTER 46B. PERSON WITH MENTAL RETARDATION
1-8 CHARGED WITH CAPITAL OFFENSE
1-9 Art. 46B.01. DEFINITION. In this chapter, "mental
1-10 retardation" has the meaning assigned by Section 591.003, Health
1-11 and Safety Code.
1-12 Art. 46B.02. RESTRICTION ON DEATH PENALTY. The state may
1-13 not seek the death penalty against a defendant who is charged with
1-14 committing a capital felony if the defendant was a person with
1-15 mental retardation when the offense was committed.
1-16 Art. 46B.03. HEARING
1-17 Sec. 1. Not later than the 30th day before the date jury
1-18 selection begins, the state or counsel for the defendant in a
1-19 capital felony case may request a hearing to determine whether the
1-20 state may seek the death penalty. After receiving the motion, the
1-21 court shall:
1-22 (1) notify all interested parties in the case;
1-23 (2) schedule a hearing on the issue of mental
1-24 retardation; and
2-1 (3) designate a licensed psychiatrist or licensed
2-2 psychologist who is an expert in the diagnosis and evaluation of
2-3 mental retardation to examine the defendant.
2-4 Sec. 2. (a) A defendant who requests a hearing under this
2-5 article must prove by a preponderance of the evidence that the
2-6 defendant was a person with mental retardation when the offense was
2-7 committed. The state may offer evidence to rebut the defendant's
2-8 claim.
2-9 (b) If the state seeks a hearing under this article, the
2-10 state must prove by a preponderance of the evidence that the
2-11 defendant was not a person with mental retardation when the offense
2-12 was committed. The defendant may offer evidence to rebut the
2-13 state's claim.
2-14 Art. 46B.04. FINDING; SENTENCE
2-15 Sec. 1. If the court determines that the defendant was a
2-16 person with mental retardation when the offense was committed, and
2-17 the defendant is found guilty of the offense, the court shall
2-18 sentence the defendant to life imprisonment.
2-19 Sec. 2. (a) If the court does not find that the defendant
2-20 was a person with mental retardation when the offense was
2-21 committed, the court may not inform the jury of the court's
2-22 finding.
2-23 (b) Notwithstanding Subsection (a), the defendant may
2-24 present evidence of mental retardation to the jury during the
2-25 sentencing phase of the trial as mitigating evidence against the
2-26 death penalty.
2-27 SECTION 2. This Act takes effect September 1, 1995.
3-1 SECTION 3. (a) The change in law made by this Act applies
3-2 only to a defendant charged with an offense committed on or after
3-3 the effective date of this Act. For purposes of this section, an
3-4 offense is committed before the effective date of this Act if any
3-5 element of the offense occurs before that date.
3-6 (b) A defendant charged with an offense committed before the
3-7 effective date of this Act is covered by the law in effect when the
3-8 offense was committed, and the former law is continued in effect
3-9 for that purpose.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.