HBA-KMH H.B. 3069 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3069
By: Hinojosa
Criminal Jurisprudence
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person with mental retardation at the time of the commission
of an offense may be sentenced to death in Texas.  Thirty-eight states have
the death penalty.  Eleven of the thirty-eight will not apply the death
penalty to a mentally retarded person. 

H.B. 3069 provides an accused an opportunity to present evidence of mental
retardation to the judge prior to trial for a rule on the person's capacity
at the time of the commission of an offense. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title I, Code of Criminal Procedure, by adding Chapter
46B, as follows: 

CHAPTER 46B.  CAPITAL CASE: EFFECT OF MENTAL RETARDATION

Art.  46B.01.  DEFINITION.  Defines "mental retardation" as assigned by
Section 591.003 (Definitions), Health and Safety Code. 

Art.  46B.02.  RESTRICTION ON DEATH PENALTY.  Prohibits a defendant who at
the time of commission of a capital offense was a person with mental
retardation from being sentenced to death, notwithstanding Section 19.03(b)
(Capital Murder), Penal Code, or Article 37.071 (Procedure in capital
case), Code of Criminal Procedure. 

Art.  46B.03.  HEARING.  Authorizes counsel for a defendant in a capital
case, at any time before the trial commences, to request that the judge
hearing the case hold a hearing to determine whether the defendant was a
person with mental retardation at the time of the commission of the alleged
offense.  Requires the court to notify all interested parties of the
request and schedule a hearing on the issue of mental retardation, on
receipt of a request under this section. 

Art.  46B.04.  BURDEN OF PROOF.  Provides that the burden of proof is on
the defendant to prove by a preponderance of the evidence that the
defendant was a person with mental retardation at the time of the
commission of the alleged offense.  Authorizes the state to offer evidence
to rebut the defendant's claim. 

Art.  46B.05.  SENTENCING ALTERNATIVES.  Provides that the provisions of
Article 37.071, Code of Criminal Procedure, do not apply if the court finds
that the defendant was a person with mental retardation at the time of the
commission of the alleged offense and the defendant is subsequently
convicted of the offense, and requires the court to sentence the defendant
to life imprisonment in the institutional division of the Texas Department
of Criminal Justice.  Requires the court to conduct the trial as provided
by law if the court rules adversely for the defendant in the hearing.
Prohibits a jury from being informed of the adverse ruling by the court and
authorizes the defendant to present evidence to the jury of  mental
disability as permitted by Article 37.071, Code of Criminal Procedure. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.