STATE REPRESENTATIVE TONI ROSE FILES LEGISLATION EXEMPTING PERSONS WITH A SEVERE MENTAL ILLNESS FROM THE DEATH PENALTY

Austin, TX – State Representative Toni Rose (Dallas) filed legislation to create an exemption to the death penalty for defendants suffering from a severe mental illness at the time of offense.

Medical research shows that individuals with intellectual disabilities and juveniles do not have the same mental capacity as fully-functioning adults and are unable to determine if their actions are morally wrong. The Eighth Amendment prohibits the execution of individuals deemed as “mentally incompetent” yet such protections are not extended to those suffering from a severe mental illness.

Mental illness is a medical impairment that interferes with one’s ability to make a choice. Persons suffering from severe mental illness have an impaired ability to control impulses, engage in logical reasoning, or fully comprehend and appropriately respond to the reactions of others.

The United States Supreme Court affirms that the purpose of the death penalty is to punish the criminal and dissuade the criminal act based on the possibility of punishment, yet active symptoms caused by a severe mental illness prevent the individual from understanding that their actions are morally wrong or could be punished. The result is a system that fails to address the relationship between a mentally ill defendant’s functional impairment and their ability to understand the implications of their conduct.

“Only after the state of Texas has paid for a death penalty trial, the incarceration of the defendant on death row, and years of appeals do we determine mental competence. Under this bill, Texas will determine competency first, saving tax-payers an estimated $2.5 million per case,” said Representative Rose.

The exemption would occur on a case by case basis and those convicted would be held accountable for their actions, facing life without parole. The National Alliance on Mental Health, Texas Institute for Excellence in Mental Health, National Association of Social Workers, Texas Catholic Conference of Bishops, and the Hogg Foundation for Mental Health have all issued wide support of the bill, which advanced further in the Texas Legislature than any SMI bill in the country last biennium.

Elected in 2012, Representative Toni Rose represents District 110, which includes parts of Oak Cliff, Pleasant Grove, Balch Springs, and Mesquite. Representative Rose serves on the Appropriations, Calendars, Human Services, and Redistricting Committees.