State Representative Toni Rose (Dallas) filed legislation to create an exemption from the death penalty for defendants who experienced severe mental illness at the time of their offense.
This legislation establishes clear guidelines for the courts to assess, on a case-by-case basis, whether a defendant had a severe mental illness at the time the capital offense occurred. An individual with a verified diagnosis of severe mental illness cannot be sentenced to death; however, that person will still stand trial for the alleged offense and, if found guilty, serve a sentence of life without parole.
The United States Supreme Court prohibits the execution of juveniles and individuals with intellectual disabilities, as they lack the mental capacity of fully functioning adults to discern right from wrong. However, this same protection does not extend to those with severe mental illnesses. HB 2777 addresses this critical gap in Texas’ criminal justice system by acknowledging the relationship between a mentally ill defendant’s functional impairment and their ability to comprehend the consequences of their actions.
“Research consistently shows that severe mental illness interferes with a person’s ability to make rational choices, control impulses, and understand consequences,” said Representative Rose. “HB 2777 is an opportunity to save Texas taxpayers millions, streamline court proceedings, spare victims’ families the pain of an extended appeals process, and prevent defendants from spending unnecessary years on death row by addressing the question of mental competency at the start of the process.”
Medical research demonstrates that severe mental illness fundamentally impairs brain function in ways that affect decision-making and behavior. Studies show that conditions like schizophrenia and schizoaffective disorder create a significant disconnect between a person’s actions and their ability to comprehend the moral and legal implications of those actions – the very basis for determining criminal responsibility.
Representative Rose first offered this bipartisan legislation in 2017 and passed it out of the Texas House of Representatives in 2019, 2021, and 2023. Both Ohio (2021) and Kentucky (2022) passed laws that bar the execution of people who experienced serious mental illness at the time of the offense and similar legislation has been filed in Florida, South Dakota, and Tennessee.
In prior legislative sessions, the National Alliance on Mental Illness, Texas Catholic Conference of Bishops, Coalition for Texans with Disabilities, Texas Baptist Christian Life Commission, National Association of Social Workers, and the Texas Psychological Association supported the bill.
Elected in 2012, Representative Rose represents District 110, which includes the diverse communities of Oak Cliff, Pleasant Grove, and Balch Springs. Her legislative focus includes mental health reform, access to affordable healthcare, and criminal justice reform.
