The bill, S.B. No. 432, seeks to amend the Code of Criminal Procedure in Texas 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 amends Article 44.01 to allow the state to appeal certain court orders, specifically those issued under Chapter 46D, as a direct appeal to the court of criminal appeals, which must review the appeal expeditiously. The changes in law will apply only to trials commencing on or after the effective date of the Act, which is set for September 1, 2025.