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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of the death penalty to a capital |
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offense committed by a person with an intellectual disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 46D to read as follows: |
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CHAPTER 46D. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY |
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Art. 46D.001. DEFINITIONS. In this chapter: |
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(1) "Adaptive behavior" means the effectiveness with |
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or degree to which a person meets generally recognized standards of |
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personal independence and social responsibility by using learned |
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conceptual, social, and practical skills in everyday life. |
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(2) "Intellectual disability" means significantly |
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below average general intellectual functioning that is concurrent |
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with significant deficits in adaptive behavior and originates |
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during the developmental period. |
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(3) "Significantly below average general intellectual |
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functioning" refers to a measured intelligence quotient on a |
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standardized psychometric instrument of two or more standard |
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deviations below the age-group mean for the test used, considering |
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the standard error of measurement applicable to the instrument. |
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Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant |
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who is a person with an intellectual disability may not be sentenced |
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to death. |
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Art. 46D.003. HEARING; DETERMINATION. (a) The attorney |
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for a defendant in a capital case, not later than the 30th day |
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before the date trial is scheduled to begin, may request in writing |
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that the judge hearing the case hold a hearing to determine whether |
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the defendant is a person with an intellectual disability. |
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(b) A request under Subsection (a) must be accompanied by |
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evidence supporting the claim that the defendant is a person with an |
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intellectual disability. |
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(c) On receipt of a request under this article, if the judge |
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determines that the request was timely filed and was accompanied by |
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evidence sufficient to support a finding that the defendant is a |
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person with an intellectual disability, the judge shall hold a |
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hearing to determine the issue. |
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(d) For purposes of Subsection (c), evidence sufficient to |
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support a finding that the defendant is a person with an |
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intellectual disability may consist solely of a representation from |
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a credible source that the defendant may be a person with an |
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intellectual disability. |
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Art. 46D.004. APPOINTMENT OF DISINTERESTED EXPERT. (a) On |
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the request of either party or on the judge's own motion, the judge |
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shall appoint a disinterested expert experienced and qualified in |
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the field of diagnosing intellectual disabilities to examine the |
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defendant and determine whether the defendant is a person with an |
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intellectual disability. |
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(b) The judge may order the defendant to submit to an |
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examination by an expert appointed under this article. |
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(c) An examination described by this article must be |
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narrowly tailored to determine whether the defendant has an |
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intellectual disability. |
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Art. 46D.005. BURDEN OF PROOF. (a) At a hearing under this |
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chapter, the burden is on the defendant to prove by a preponderance |
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of the evidence that the defendant is a person with an intellectual |
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disability. |
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(b) The state may offer evidence to rebut evidence offered |
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by the defendant. |
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Art. 46D.006. PREVAILING MEDICAL STANDARDS. Evidence |
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offered by either party for purposes of a hearing under this chapter |
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must be consistent with prevailing medical standards for the |
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diagnosis of intellectual disabilities. |
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Art. 46D.007. FINDING OF FACT RELATED TO INTELLECTUAL |
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DISABILITY. (a) Not later than the 120th day after the conclusion |
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of a hearing under this chapter, the judge shall issue a written |
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finding of fact as to whether the defendant is a person with an |
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intellectual disability. The finding of fact must explain the |
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judge's reasoning and cite evidence in the record. |
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(b) If the judge finds that the defendant is a person with an |
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intellectual disability and the defendant is subsequently |
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convicted of a capital offense, Article 37.071 does not apply to the |
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defendant, and the judge shall sentence the defendant to |
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imprisonment in the Texas Department of Criminal Justice for life |
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without parole. |
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(c) If the judge does not find that the defendant is a person |
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with an intellectual disability, the judge shall conduct the trial |
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of the offense in the same manner as if a hearing under this chapter |
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had not been held. At the trial: |
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(1) the jury may not be informed of the fact that the |
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judge held a hearing under this article; and |
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(2) the defendant may present evidence of intellectual |
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disability as otherwise permitted by law. |
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SECTION 2. Chapter 46D, Code of Criminal Procedure, as |
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added by this Act, applies only to a trial that commences on or |
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after the effective date of this Act, regardless of whether the |
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alleged offense was committed before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2019. |