Texas 2023 - 88th Regular

Texas House Bill HB381

Filed
11/14/22  
Out of House Committee
3/8/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

Impact

If enacted, HB 381 would amend existing provisions in the Texas Code of Criminal Procedure by introducing a new chapter focused on capital cases involving defendants with intellectual disabilities. This includes clear definitions of intellectual disability, the establishment of protocols for hearings to assess such claims, and the criteria under which evidence must be presented. By codifying these standards into law, the bill aims to create a more humane and equitable legal framework for those affected, as it acknowledges the significant implications that intellectual disabilities have on criminal responsibility and sentencing.

Summary

House Bill 381 relates specifically to the applicability of the death penalty in cases involving individuals with intellectual disabilities. The legislation seeks to ensure that defendants who are classified as having an intellectual disability cannot be sentenced to death, aligning Texas law with precedents set by the United States Supreme Court. This bill establishes a defined process for evaluating claims of intellectual disability during capital trials, emphasizing the importance of consistent legal standards across the state.

Sentiment

The sentiment regarding HB 381 appears to be largely positive among advocates for individuals with intellectual disabilities. Testimonies during committee discussions highlighted support from various organizations, including the Arc of Texas, which advocates for the rights of individuals with disabilities. Supporters argue that this bill is a necessary step to prevent the execution of individuals who may not fully comprehend their actions due to their mental capacity, thereby emphasizing the ethical considerations surrounding capital punishment.

Contention

Notable points of contention may arise from opposition that traditionally stems from debates over the death penalty itself. Critics of abolishing the death penalty often cite concerns about potential escalations in crime or the failure to adequately punish heinous acts. While the majority sentiment leans toward protection for vulnerable populations, there remains a faction of legislators who might see the bill as an impediment to justice in serious criminal cases. However, the overwhelming support during committee votes suggests that a consensus is building around the need for protective measures for defendants with intellectual disabilities.

Companion Bills

No companion bills found.

Previously Filed As

TX SB432

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX HB688

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX HB2777

Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.

TX HB123

Criminal procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has an intellectual disability; provide

TX HB1107

Provides relative to determination of intellectual disability in capital cases

TX SB159

Criminal Procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has intellectual disability; provide

TX HB1432

Death sentence and intellectual disabilities.

TX SB129

Relating to individuals with intellectual disabilities; declaring an emergency.

TX SB2213

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.

TX HB5465

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.

Similar Bills

HI SB850

Relating To Disability Health Disparity.

HI HB819

Relating To Disability Health Disparity.

HI HB819

Relating To Disability Health Disparity.

LA HB1107

Provides relative to determination of intellectual disability in capital cases

US HB3420

Words Matter Act of 2025

CT HB05557

An Act Concerning Eligibility Determinations By The Department Of Developmental Services.

NV SB8

AN ACT relating to employment; revising provisions relating to the compensation of employees; and providing other matters properly relating thereto.

TX HB2807

Relating to the statewide intellectual and developmental disability coordinating council.