Bill > HB1936

This bill amends the Code of Criminal Procedure to create a new chapter (Chapter 46D) that restricts the application of the death penalty for individuals with "severe mental illness," defined as those with schizophrenia, schizoaffective disorder, or bipolar disorder who have active psychotic symptoms that substantially impair their ability to appreciate the nature, consequences, or wrongfulness of their conduct, or to exercise rational judgment. The bill requires defendants to provide notice of their intent to raise the issue of severe mental illness, and a jury must determine whether the defendant had severe mental illness at the time of the offense. If the jury finds the defendant had severe mental illness, the judge must sentence the defendant to life without parole instead of the death penalty.