The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Code of Criminal Procedure as it relates to the applicability of the death penalty to a capital offense committed by a person with severe mental illness. Under the provisions of the bill, the death sentence could not be applied to a person who at the time of the commission of a capital offense had a severe mental illness.   

A capital felony is punishable by death, life in prison, or life in prison without parole. Life in prison or life in prison without parole are the only punishment options available for individuals who commit a capital felony when younger than 18.

From fiscal years 2018 through 2020, on average fewer than ten people were admitted into a state correctional institution and sentenced to death for a capital felony case under existing statute. The number of defendants who would not be sentenced to death is indeterminate because data is not available to differentiate those cases involving a defendant with severe mental illness at the time of the capital offense as outlined in the bill from all other capital felony cases. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.