88R2920 SHH-D     By: Rose H.B. No. 727       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, a   schizoaffective disorder, or a bipolar 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   determines that the defendant was a person with severe mental   illness at the time of the commission of an alleged capital offense,   and the defendant is convicted of that offense, Article 37.071 does   not apply to the defendant, and the judge shall sentence the   defendant to imprisonment in the Texas Department of Criminal   Justice for life without parole.          (b)  If the jury determines that the defendant was not a   person with severe mental illness at the time of the commission of   an alleged capital offense and the defendant is convicted of that   offense, the judge shall conduct a sentencing proceeding in   accordance with Article 37.071.  Evidence of a mental disability of   the defendant may be presented during that proceeding to the extent   permitted by Article 37.071.          SECTION 2.  Chapter 46D, Code of Criminal Procedure, as   added by this Act, applies only to a trial that commences on or   after the effective date of this Act, regardless of whether the   alleged offense was committed before, on, or after that date.          SECTION 3.  This Act takes effect September 1, 2023.