HBA-KMH H.B. 3069 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3069 By: Hinojosa Criminal Jurisprudence 4/19/1999 Introduced BACKGROUND AND PURPOSE Currently, a person with mental retardation at the time of the commission of an offense may be sentenced to death in Texas. Thirty-eight states have the death penalty. Eleven of the thirty-eight will not apply the death penalty to a mentally retarded person. H.B. 3069 provides an accused an opportunity to present evidence of mental retardation to the judge prior to trial for a rule on the person's capacity at the time of the commission of an offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title I, Code of Criminal Procedure, by adding Chapter 46B, as follows: CHAPTER 46B. CAPITAL CASE: EFFECT OF MENTAL RETARDATION Art. 46B.01. DEFINITION. Defines "mental retardation" as assigned by Section 591.003 (Definitions), Health and Safety Code. Art. 46B.02. RESTRICTION ON DEATH PENALTY. Prohibits a defendant who at the time of commission of a capital offense was a person with mental retardation from being sentenced to death, notwithstanding Section 19.03(b) (Capital Murder), Penal Code, or Article 37.071 (Procedure in capital case), Code of Criminal Procedure. Art. 46B.03. HEARING. Authorizes counsel for a defendant in a capital case, at any time before the trial commences, to request that the judge hearing the case hold a hearing to determine whether the defendant was a person with mental retardation at the time of the commission of the alleged offense. Requires the court to notify all interested parties of the request and schedule a hearing on the issue of mental retardation, on receipt of a request under this section. Art. 46B.04. BURDEN OF PROOF. Provides that the burden of proof is on the defendant to prove by a preponderance of the evidence that the defendant was a person with mental retardation at the time of the commission of the alleged offense. Authorizes the state to offer evidence to rebut the defendant's claim. Art. 46B.05. SENTENCING ALTERNATIVES. Provides that the provisions of Article 37.071, Code of Criminal Procedure, do not apply if the court finds that the defendant was a person with mental retardation at the time of the commission of the alleged offense and the defendant is subsequently convicted of the offense, and requires the court to sentence the defendant to life imprisonment in the institutional division of the Texas Department of Criminal Justice. Requires the court to conduct the trial as provided by law if the court rules adversely for the defendant in the hearing. Prohibits a jury from being informed of the adverse ruling by the court and authorizes the defendant to present evidence to the jury of mental disability as permitted by Article 37.071, Code of Criminal Procedure. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.