86R4918 ADM-F
 
  By: Miles S.B. No. 418
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of the death penalty to a capital
  offense committed by a person with an intellectual disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 46D to read as follows:
  CHAPTER 46D. CAPITAL CASE: EFFECT OF INTELLECTUAL DISABILITY
         Art. 46D.001.  DEFINITIONS. In this chapter:
               (1)  "Adaptive behavior" means the effectiveness with
  or degree to which a person meets generally recognized standards of
  personal independence and social responsibility by using learned
  conceptual, social, and practical skills in everyday life.
               (2)  "Intellectual disability" means significantly
  below average general intellectual functioning that is concurrent
  with significant deficits in adaptive behavior and originates
  during the developmental period.
               (3)  "Significantly below average general intellectual
  functioning" refers to a measured intelligence quotient on a
  standardized psychometric instrument of two or more standard
  deviations below the age-group mean for the test used, considering
  the standard error of measurement applicable to the instrument.
         Art. 46D.002.  RESTRICTION ON DEATH PENALTY. A defendant
  who is a person with an intellectual disability may not be sentenced
  to death.
         Art. 46D.003.  HEARING; DETERMINATION. (a)  The attorney
  for a defendant in a capital case, not later than the 30th day
  before the date trial is scheduled to begin, may request in writing
  that the judge hearing the case hold a hearing to determine whether
  the defendant is a person with an intellectual disability.
         (b)  A request under Subsection (a) must be accompanied by
  evidence supporting the claim that the defendant is a person with an
  intellectual disability.
         (c)  On receipt of a request under this article, if the judge
  determines that the request was timely filed and was accompanied by
  evidence sufficient to support a finding that the defendant is a
  person with an intellectual disability, the judge shall hold a
  hearing to determine the issue.
         (d)  For purposes of Subsection (c), evidence sufficient to
  support a finding that the defendant is a person with an
  intellectual disability may consist solely of a representation from
  a credible source that the defendant may be a person with an
  intellectual disability.
         Art. 46D.004.  APPOINTMENT OF DISINTERESTED EXPERT. (a)  On
  the request of either party or on the judge's own motion, the judge
  shall appoint a disinterested expert experienced and qualified in
  the field of diagnosing intellectual disabilities to examine the
  defendant and determine whether the defendant is a person with an
  intellectual disability.
         (b)  The judge may order the defendant to submit to an
  examination by an expert appointed under this article.
         (c)  An examination described by this article must be
  narrowly tailored to determine whether the defendant has an
  intellectual disability.
         Art. 46D.005.  BURDEN OF PROOF. (a)  At a hearing under this
  chapter, the burden is on the defendant to prove by a preponderance
  of the evidence that the defendant is a person with an intellectual
  disability.
         (b)  The state may offer evidence to rebut evidence offered
  by the defendant.
         Art. 46D.006.  PREVAILING MEDICAL STANDARDS. Evidence
  offered by either party for purposes of a hearing under this chapter
  must be consistent with prevailing medical standards for the
  diagnosis of intellectual disabilities.
         Art. 46D.007.  FINDING OF FACT RELATED TO INTELLECTUAL
  DISABILITY. (a)  Not later than the 120th day after the conclusion
  of a hearing under this chapter, the judge shall issue a written
  finding of fact as to whether the defendant is a person with an
  intellectual disability. The finding of fact must explain the
  judge's reasoning and cite evidence in the record.
         (b)  If the judge finds that the defendant is a person with an
  intellectual disability and the defendant is subsequently
  convicted of a capital offense, Article 37.071 does not apply to the
  defendant, and the judge shall sentence the defendant to
  imprisonment in the Texas Department of Criminal Justice for life
  without parole.
         (c)  If the judge does not find that the defendant is a person
  with an intellectual disability, the judge shall conduct the trial
  of the offense in the same manner as if a hearing under this chapter
  had not been held. At the trial:
               (1)  the jury may not be informed of the fact that the
  judge held a hearing under this article; and
               (2)  the defendant may present evidence of intellectual
  disability as otherwise permitted by law.
         SECTION 2.  Chapter 46D, Code of Criminal Procedure, as
  added by this Act, applies only to a trial that commences on or
  after the effective date of this Act, regardless of whether the
  alleged offense was committed before, on, or after that date.
         SECTION 3.  This Act takes effect September 1, 2019.