TX HB2777

Prohibits sentencing a defendant to death if they had severe mental illness at the time of committing a capital offense, defined as schizophrenia or schizoaffective disorder with active psychotic symptoms substantially impairing their capacity to appreciate the wrongfulness of their conduct or exercise rational judgment

Requires defendants to file notice at least 30 days before trial if they intend to raise the severe mental illness defense, with failure to provide timely notice making such evidence inadmissible unless good cause is shown

Places the burden of proof on the defendant to establish severe mental illness by clear and convincing evidence, with the jury issuing a special verdict separate from the guilt or innocence determination

Allows the court to appoint a disinterested mental health expert to examine the defendant, with the examination narrowly tailored to the claimed disorder and explicitly prohibiting future dangerousness assessments

Mandates a sentence of life without parole for defendants found to have had severe mental illness at the time of the offense, while those not meeting the criteria proceed to standard capital sentencing under Article 37.071