By: Rose, Coleman H.B. No. 3080     Substitute the following for H.B. No. 3080:     By:  Moody C.S.H.B. No. 3080       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: EFFECT OF SEVERE MENTAL ILLNESS          Art. 46D.001.  DEFINITION. In this chapter, "person with   severe mental illness" means a person who has one of the following   disorders: schizophrenia, schizo-affective disorder, or 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 commission of a capital offense was a person with   severe mental illness may not be sentenced to death.          Art. 46D.003.  HEARING. (a)  Counsel for a defendant in a   capital case, not later than the 30th day before the date trial   begins, may file notice requesting that the judge hearing the case   hold a hearing to determine whether the defendant was a person with   severe mental illness at the time of the commission of the alleged   offense.          (b)  Notice filed under Subsection (a) must be accompanied by   evidence supporting the claim that the defendant was a person with   severe mental illness at the time of the alleged offense.          (c)  If the defendant does not give timely notice as provided   by Subsection (a), the court may not hold a hearing under this   article unless the court finds that good cause existed for failure   to give timely notice.          (d)  On receipt of notice under Subsection (a), the judge   shall notify all interested parties of the notice, and the attorney   for the state shall have an opportunity to respond. If the judge   determines that the notice was timely and was accompanied by the   supporting evidence described by Subsection (b), a jury shall be   impaneled to determine whether the defendant was a person with   severe mental illness at the time of the commission of the alleged   offense. A defendant may waive the right to jury determination   under this subsection and request that the judge make the   determination if the judge and the prosecuting attorney do not   object.          (e)  If the judge finds the notice was not timely filed or was   not accompanied by supporting evidence required by Subsection (b),   the judge shall:                (1)  deny the defendant's request;                (2)  make written findings of fact explaining the   grounds for denial;                (3)  provide the findings of fact to all interested   parties; and                (4)  file a copy of the findings of fact with the papers   in the case.          (f)  Instructions to the jury submitting the issue of severe   mental illness shall require the jury to state in its verdict   whether the defendant was a person with severe mental illness at the   time of the commission of the alleged offense.          (g)  If the jury is unable to agree on a unanimous verdict   after a reasonable opportunity to deliberate, the judge shall   declare a mistrial, discharge the jury, and impanel another jury to   determine whether the defendant was a person with severe mental   illness at the time of the commission of the alleged offense.          (h)  At the conclusion of the hearing under this article, the   judge shall dismiss the jury, and the members of that jury may not   serve on a jury in any subsequent trial of the case.          Art. 46D.004.  BURDEN OF PROOF. (a)  At a hearing under this   chapter, the burden is on the defendant to 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.005.  SENTENCING ALTERNATIVES. (a) If the judge or   jury, whichever is the finder of fact, determines that the   defendant was a person with severe mental illness at the time of the   commission of the alleged offense and the defendant is subsequently   convicted of capital murder, 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 judge or jury, whichever is the finder of fact,   determines that the defendant was not a person with severe mental   illness at the time of the commission of the alleged offense, the   judge shall conduct the trial in the same manner as if a hearing   under this chapter had not been held. At the trial of the offense:                (1)  the jury may not be informed of the fact that the   judge or a jury has determined under this article that the defendant   was not a person with severe mental illness; and                (2)  the defendant may present at trial evidence of   mental disability as permitted by Article 37.071.          (c)  The judge or jury, whichever is the finder of fact,   must, before the trial of the offense under Section 19.03, Penal   Code, commences, make the determination described by Subsection   (b).          Art. 46D.006.  APPOINTMENT OF DISINTERESTED EXPERTS. (a)     On the request of either party or on the judge's own motion, the   judge shall appoint one or more disinterested experts 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 proper notice to the   defendant, order the defendant to submit to an examination by   experts appointed under this article.          (c)  An examination described by this article:                (1)  must be narrowly tailored to determine if the   defendant has the specific illness claimed; and                (2)  may not include:                      (C)  a future danger assessment.          (d)  An expert appointed under this article must provide the   counsel for the defendant with all underlying notes and data   related to the examination.          Art. 46D.007.  STATEMENTS NOT ADMISSIBLE. No statement made   by the defendant in a hearing or examination under this chapter may   be admitted into evidence during the trial of the alleged offense.          Art. 46D.008.  INTERLOCUTORY APPEAL. Neither the defendant   nor the state is entitled to an interlocutory appeal of a   determination made under this chapter.          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, 2017.