Bill > HB2777

This bill adds a new chapter to the Texas Code of Criminal Procedure that specifically addresses the application of the death penalty for individuals with severe mental illness. The bill defines "severe mental illness" as having schizophrenia or schizoaffective disorder with active psychotic symptoms that substantially impair the person's ability to understand the nature or wrongfulness of their actions or exercise rational judgment. Under this proposed law, a defendant diagnosed with severe mental illness at the time of a capital offense cannot be sentenced to death. To raise this defense, the defendant must file a notice at least 30 days before trial and prove by clear and convincing evidence that they met the severe mental illness criteria. The bill allows for the appointment of a disinterested expert to evaluate the defendant's mental condition, with strict limitations on the examination. If the jury determines the defendant had severe mental illness, they will be sentenced to life in prison without parole instead of facing the death penalty. The law would apply to trials starting on or after its effective date of September 1, 2025, regardless of when the alleged offense occurred, potentially providing a new legal protection for defendants with serious mental health conditions in capital cases.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2777