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By: Thompson of Harris, et al. |
H.B. No. 1139 |
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(Senate Sponsor - Miles, West) |
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(In the Senate - Received from the House April 30, 2019; |
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May 1, 2019, read first time and referred to Committee on Criminal |
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Justice; May 17, 2019, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 6, Nays 0; |
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May 17, 2019, sent to printer.) |
Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 1139 |
By: Whitmire |
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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 46E to read as follows: |
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CHAPTER 46E. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY |
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Art. 46E.001. 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. 46E.002. PREVAILING MEDICAL STANDARDS. Evidence |
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offered by either party for purposes of determining whether a |
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defendant is a person with an intellectual disability must be |
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consistent with prevailing medical standards for the diagnosis of |
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intellectual disabilities. |
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SECTION 2. The changes in law made by this Act apply only to |
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a trial that commences on or after the effective date of this Act, |
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regardless of whether the alleged offense was committed before, on, |
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or after that date. |
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SECTION 3. This Act takes effect September 1, 2019. |
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