HBA-RBT H.B. 2121 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2121
By: Gallego
Criminal Jurisprudence
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Texas has a punitive system for criminal acts which is based on principles
of retribution, deterrence, and rehabilitation.  Texas has elected to
permit the application of the death penalty in certain capital cases.  The
state also recognizes individual differences found in each person when
imposing penalties for criminal activity.  Currently, no distinction is
made with regard to mental capacity when imposing the death penalty.  In
the case of a person with mental retardation, the death penalty cannot
serve the purpose of deterrence, retribution, or rehabilitation.  H.B. 2121
defines mental retardation and prohibits imposition of the death penalty
for a person who suffers from mental retardation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 6, Penal Code, by adding Section 6.05, as
follows: 

Sec.  6.05.  MENTAL RETARDATION AFFECTING DEATH SENTENCE.  Defines "mental
retardation."  Prohibits the death penalty for an offense committed by a
person with mental retardation. 

SECTION 2.  Makes application of this Act prospective regardless of whether
the punishment stage directly follows the conclusion of the guilt or
innocence stage of the trial or commences after a reversal under Article
44.29(b), Code of Criminal Procedure (Effect of Reversal), granted on the
basis of errors in the punishment stage of the trial. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.