By Naishtat                                            H.B. No. 573
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the execution of persons with mental retardation.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Title I, Code of Criminal Procedure, is amended
    1-5  by adding Chapter 46B to read as follows:
    1-6             CHAPTER 46B.  PERSONS WITH MENTAL RETARDATION
    1-7                           IN CAPITAL CASES
    1-8        Art. 46B.01.  DEFINITION.  In this chapter, "mental
    1-9  retardation" has the meaning assigned by Section 591.003, Health
   1-10  and Safety Code.
   1-11        Art. 46B.02.  RESTRICTION ON DEATH PENALTY.  No person with
   1-12  mental retardation shall be subject to execution.
   1-13        Art. 46B.03.  HEARING.
   1-14        Sec. 1.   Counsel for the defendant in a capital case may
   1-15  request a hearing to determine whether the defendant is eligible
   1-16  for the death penalty.  After receiving the motion, the court
   1-17  shall:
   1-18              a)  notify all interested parties in the case; and
   1-19              b)  schedule a hearing on the issue of whether the
   1-20  defendant is mentally retarded.
   1-21        Sec. 2.   A defendant who requests a hearing under this
   1-22  article must prove by preponderance of the evidence that the
   1-23  defendant was a person with mental retardation at the time of the
    2-1  offense.  The state may offer evidence to rebut the defendant's
    2-2  claim.
    2-3        Art. 46B.04.  FINDING; SENTENCE
    2-4        Sec. 1.   If the court determines that the defendant was a
    2-5  person with mental retardation at the time of the offense, and the
    2-6  defendant is convicted of the offense, the court shall sentence the
    2-7  defendant to life imprisonment.
    2-8        Sec. 2.   (a)  If the court finds the defendant was not a
    2-9  person with mental retardation at the time of the offense,
   2-10  sentencing jury in a capital trial may not be informed of that
   2-11  finding.
   2-12              (b)  Notwithstanding Subsection (a), the defendant may
   2-13  present evidence of mental disability to the jury during the
   2-14  sentencing phase of a capital trial as mitigating evidence against
   2-15  the death penalty.
   2-16        SECTION 2.  This Act takes effect September 1, 1995.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.