88(R) HB 727 - Engrossed version - Bill Text

	By:  Rose, Thompson of Harris, Hernandez,	H.B.  No.  727
	Leach, et al.

	A BILL TO BE ENTITLED
	AN ACT
	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