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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a commission to study intellectual and |
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developmental disability determinations in capital cases in which |
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the state seeks the death penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. COMMISSION TO STUDY INTELLECTUAL AND |
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DEVELOPMENTAL DISABILITY DETERMINATIONS IN DEATH PENALTY CASES. |
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(a) A commission is created to conduct a study on intellectual and |
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developmental disability determinations of defendants in capital |
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cases in this state in which the state seeks the death penalty. |
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(b) In conducting the study, the commission shall: |
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(1) identify the prevailing standards among medical |
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and mental health professionals for determining whether a person |
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has an intellectual or developmental disability; |
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(2) to the extent practicable, determine the number |
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and percentage of defendants sentenced to death who have an |
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intellectual or developmental disability, as defined by the |
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standards identified in Subdivision (1) of this subsection; and |
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(3) make recommendations regarding the appropriate |
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intellectual and developmental disability determination standards |
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and procedures to be implemented in capital cases to ensure that |
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defendants who have an intellectual or developmental disability are |
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identified and, if convicted, receive sentences in accordance with |
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constitutional standards. |
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(c) The commission is composed of the following 11 members: |
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(1) two members appointed by the governor; |
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(2) two members appointed by the lieutenant governor; |
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(3) two members appointed by the speaker of the house |
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of representatives; |
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(4) two members appointed by the presiding judge of |
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the Texas Court of Criminal Appeals; |
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(5) one member appointed by the chief justice of the |
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Supreme Court of Texas; |
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(6) the chair of the House Committee on Criminal |
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Jurisprudence; and |
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(7) the chair of the Senate Committee on Criminal |
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Justice. |
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(d) In making appointments to the commission, the |
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appointing officers shall consult with one another to ensure that |
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the membership of the commission has substantial experience |
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relevant to the commission's duties and includes: |
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(1) medical and mental health professionals |
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experienced and qualified in diagnosing intellectual and |
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developmental disabilities; and |
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(2) representatives of all areas of the criminal |
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justice system, including a prosecutor, a defense attorney, an |
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appellate attorney, a judge, and a legal scholar. |
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(e) The governor shall designate one member of the |
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commission to serve as the presiding officer of the commission. |
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(f) A vacancy on the commission shall be filled by the |
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officer that appointed the vacating member. |
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(g) A member of the commission is not entitled to |
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compensation or reimbursement of expenses for commission service. |
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The appointing officers shall provide the commission with necessary |
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support to enable the commission to perform its duties. |
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(h) The commission shall meet at the call of the presiding |
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officer. |
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(i) Not later than January 1, 2019, the commission shall |
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report the commission's findings and recommendations to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, the Supreme Court of Texas, the Texas Court of |
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Criminal Appeals, and the standing committees of the house of |
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representatives and the senate with primary jurisdiction over |
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criminal justice. |
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SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th |
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day after the effective date of this Act, the appropriate officers |
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shall appoint the members of the commission created by this Act. |
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SECTION 3. ABOLITION OF COMMISSION. The commission is |
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abolished and this Act expires January 31, 2019. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |