By Hinojosa H.B. No. 236
77R770 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of the death penalty to a capital
1-3 offense committed by a 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. CAPITAL CASE: EFFECT OF MENTAL RETARDATION
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. Notwithstanding
1-12 Section 19.03(b), Penal Code, or Article 37.071, a defendant who at
1-13 the time of commission of a capital offense was a person with
1-14 mental retardation may not be sentenced to death.
1-15 Art. 46B.03. HEARING. (a) Counsel for a defendant in a
1-16 capital case, at any time before the trial commences, may request
1-17 that the judge hearing the case hold a hearing to determine whether
1-18 the defendant was a person with mental retardation at the time of
1-19 the commission of the alleged offense.
1-20 (b) On receipt of a request under Subsection (a), the court
1-21 shall notify all interested parties of the request and schedule a
1-22 hearing on the issue of mental retardation.
1-23 Art. 46B.04. BURDEN OF PROOF. At a hearing under this
1-24 article, the burden is on the defendant to prove by a preponderance
2-1 of the evidence that the defendant was a person with mental
2-2 retardation at the time of the commission of the alleged offense.
2-3 The state may offer evidence to rebut the defendant's claim.
2-4 Art. 46B.05. SENTENCING ALTERNATIVES. (a) If the court
2-5 finds that the defendant was a person with mental retardation at
2-6 the time of the commission of the alleged offense and the defendant
2-7 is subsequently convicted of the offense, the provisions of Article
2-8 37.071 do not apply to the defendant, and the court shall sentence
2-9 the defendant to life imprisonment in the institutional division
2-10 of the Texas Department of Criminal Justice.
2-11 (b) If the court finds that the defendant was not a person
2-12 with mental retardation at the time of the commission of the
2-13 alleged offense, the court shall conduct the trial in the same
2-14 manner as if a hearing under this article had not been held. At
2-15 the trial of the offense:
2-16 (1) the jury may not be informed of the fact that the
2-17 court has found under this article that the defendant was not a
2-18 person with mental retardation; and
2-19 (2) the defendant may present at trial evidence of
2-20 mental disability as permitted by Article 37.071.
2-21 SECTION 2. This Act takes effect September 1, 2001.