85S10928 JRR-D

By: Turner H.B. No. 345

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a commission to study intellectual and developmental disability determinations in capital cases in which the state seeks the death penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. COMMISSION TO STUDY INTELLECTUAL AND DEVELOPMENTAL DISABILITY DETERMINATIONS IN DEATH PENALTY CASES. (a) A commission is created to conduct a study on intellectual and developmental disability determinations of defendants in capital cases in this state in which the state seeks the death penalty.

(b) In conducting the study, the commission shall:

(1) identify the prevailing standards among medical and mental health professionals for determining whether a person has an intellectual or developmental disability;

(2) to the extent practicable, determine the number and percentage of defendants sentenced to death who have an intellectual or developmental disability, as defined by the standards identified in Subdivision (1) of this subsection; and

(3) make recommendations regarding the appropriate intellectual and developmental disability determination standards and procedures to be implemented in capital cases to ensure that defendants who have an intellectual or developmental disability are identified and, if convicted, receive sentences in accordance with constitutional standards.

(c) The commission is composed of the following 11 members:

(1) two members appointed by the governor;

(2) two members appointed by the lieutenant governor;

(3) two members appointed by the speaker of the house of representatives;

(4) two members appointed by the presiding judge of the Texas Court of Criminal Appeals;

(5) one member appointed by the chief justice of the Supreme Court of Texas;

(6) the chair of the House Committee on Criminal Jurisprudence; and

(7) the chair of the Senate Committee on Criminal Justice.

(d) In making appointments to the commission, the appointing officers shall consult with one another to ensure that the membership of the commission has substantial experience relevant to the commission's duties and includes:

(1) medical and mental health professionals experienced and qualified in diagnosing intellectual and developmental disabilities; and

(2) representatives of all areas of the criminal justice system, including a prosecutor, a defense attorney, an appellate attorney, a judge, and a legal scholar.

(e) The governor shall designate one member of the commission to serve as the presiding officer of the commission.

(f) A vacancy on the commission shall be filled by the officer that appointed the vacating member.

(g) A member of the commission is not entitled to compensation or reimbursement of expenses for commission service. The appointing officers shall provide the commission with necessary support to enable the commission to perform its duties.

(h) The commission shall meet at the call of the presiding officer.

(i) Not later than January 1, 2019, the commission shall report the commission's findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, the Supreme Court of Texas, the Texas Court of Criminal Appeals, and the standing committees of the house of representatives and the senate with primary jurisdiction over criminal justice.

SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th day after the effective date of this Act, the appropriate officers shall appoint the members of the commission created by this Act.

SECTION 3. ABOLITION OF COMMISSION. The commission is abolished and this Act expires January 31, 2019.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.