Bill Text: TX HB727 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2023-04-06 - Received from the House [HB727 Detail]
Download: Texas-2023-HB727-Engrossed.html
| By: Rose, Thompson of Harris, Hernandez, | H.B. No. 727 | |
| Leach, et al. | ||
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| relating to the applicability of the death penalty to a capital | ||
| offense committed by a person with severe mental illness. | ||
| 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: SEVERE MENTAL ILLNESS | ||
| Art. 46D.001. DEFINITION. In this chapter, "person with | ||
| severe mental illness" means a person who has schizophrenia or a | ||
| schizoaffective disorder and, as a result of that disorder, has | ||
| active psychotic symptoms that substantially impair the person's | ||
| capacity to: | ||
| (1) appreciate the nature, consequences, or | ||
| wrongfulness of the person's conduct; or | ||
| (2) exercise rational judgment in relation to the | ||
| person's conduct. | ||
| Art. 46D.002. RESTRICTION ON DEATH PENALTY. A defendant | ||
| who at the time of the commission of a capital offense was a person | ||
| with severe mental illness may not be sentenced to death. | ||
| Art. 46D.003. NOTICE OF INTENT TO RAISE ISSUE OF SEVERE | ||
| MENTAL ILLNESS. (a) A defendant planning to offer evidence that | ||
| the defendant was a person with severe mental illness at the time of | ||
| the commission of the alleged offense must file with the court a | ||
| notice of the defendant's intention to offer that evidence. | ||
| (b) The notice must: | ||
| (1) contain a certification that a copy of the notice | ||
| has been served on the attorney representing the state; and | ||
| (2) be filed not later than the 30th day before the | ||
| date the trial is scheduled to begin. | ||
| Art. 46D.004. EFFECT OF FAILURE TO GIVE NOTICE. Unless | ||
| notice is timely filed under Article 46D.003, evidence that the | ||
| defendant was a person with severe mental illness at the time of the | ||
| commission of the alleged offense is not admissible at the guilt or | ||
| innocence stage unless the court finds that good cause exists for | ||
| failure to give notice. | ||
| Art. 46D.005. DETERMINATION OF ISSUE BY JURY. (a) The issue | ||
| of whether the defendant was a person with severe mental illness at | ||
| the time of the commission of the alleged offense shall be submitted | ||
| to the jury only if the issue is supported by evidence. The jury | ||
| shall determine the issue and must return a special verdict on the | ||
| issue that is separate from the jury's verdict on the issue of guilt | ||
| or innocence. | ||
| (b) The defendant must prove by clear and convincing | ||
| evidence that the defendant was a person with severe mental illness | ||
| at the time of the commission of the alleged offense. | ||
| Art. 46D.006. 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 mental illness to examine the defendant and | ||
| determine whether the defendant is a person with severe mental | ||
| illness. | ||
| (b) The judge may, after giving notice to the defendant, | ||
| order the defendant to submit to an examination by an expert | ||
| appointed under this article. | ||
| (c) An examination described by this article: | ||
| (1) must be narrowly tailored to determine whether the | ||
| defendant has the specific disorder claimed; and | ||
| (2) may not include an assessment of the risk of danger | ||
| the defendant may pose to any person. | ||
| (d) An expert appointed under this article must provide the | ||
| defendant's attorney and the attorney representing the state with | ||
| all notes and data from the examination. | ||
| (e) A statement made by the defendant in an examination | ||
| under this article may not be admitted into evidence during the | ||
| trial of the offense. | ||
| Art. 46D.007. EFFECT OF DETERMINATION. (a) If the jury | ||
| determines that the defendant was a person with severe mental | ||
| illness at the time of the commission of an alleged capital offense, | ||
| and the defendant is convicted of that 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. | ||
| (b) If the jury determines that the defendant was not a | ||
| person with severe mental illness at the time of the commission of | ||
| an alleged capital offense and the defendant is convicted of that | ||
| offense, the judge shall conduct a sentencing proceeding in | ||
| accordance with Article 37.071. Evidence of a mental disability of | ||
| the defendant may be presented during that proceeding to the extent | ||
| permitted by Article 37.071. | ||
| 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, 2023. | ||
