The bill, S.B. No. 432, amends the Code of Criminal Procedure to address the applicability of the death penalty for individuals with intellectual disabilities. It introduces Chapter 46D, which defines key terms related to intellectual disability and establishes that a defendant who is determined to have an intellectual disability cannot be sentenced to death. The bill outlines the process for determining whether a defendant has an intellectual disability, including the appointment of a disinterested expert to evaluate the defendant and the burden of proof resting on the defendant to demonstrate their intellectual disability by a preponderance of the evidence.

Additionally, the bill modifies Article 44.01 by adding provisions for the state's appeal of orders related to Chapter 46D, allowing for a direct appeal to the court of criminal appeals, which must be reviewed expeditiously. The changes in law will apply to trials commencing on or after the effective date of the Act, which is set for September 1, 2025.