Texas House delays final vote on barring the death penalty for mentally ill defendants

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Texas House delays final vote on barring the death penalty for mentally ill defendants
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The chamber has passed legislation in recent sessions eliminating the death penalty in cases of severe mental illness, but hardline conservatives are pushing back. Texas txlege deathpenalty HumanRights

, D-Dallas, tentatively passed Wednesday on an 84-61 vote. But a final vote scheduled for Thursday was postponed until next week without a reason given on the floor.

In recent months, high-profile cases of schizophrenic prisoners facing execution have focused renewed attention on Texas’ long-standing habit of sentencing people with mental illnesses to death. U.S. Supreme Court precedent prohibits states from executing people who don’t have a “rational understanding” of why the state plans to kill them, but it does not specifically ban killing those with severe mental illness, as it does those with intellectual disabilities. And as is documented in nearly 30 years of attempting to execute Panetti, the state of Texas still seeks to carry out death sentences of the severely mentally ill.

If jurors decide a defendant qualifies as severely mentally ill, and the person is convicted of capital murder, the judge would impose an automatic sentence of life without parole. Otherwise, a separate sentencing hearing would be held to decide on either a sentence of life or death, as is typical in Texas death penalty trials.

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