TX HB688

Prohibits sentencing a defendant with an intellectual disability to death for a capital offense

Defines "intellectual disability" as significantly subaverage intellectual functioning (IQ approximately two or more standard deviations below the mean) concurrent with deficits in adaptive behavior, originating during the developmental period

Allows defense attorneys to request a pretrial hearing within one year of indictment to determine if the defendant has an intellectual disability, with the hearing held by a jury unless both parties agree to a judge determination

Places the burden of proof on the defendant to prove intellectual disability by a preponderance of the evidence, with the court able to appoint a disinterested expert to examine the defendant

Grants the state the right to directly appeal an intellectual disability determination to the Texas Court of Criminal Appeals, which must expeditiously review the appeal

Applies to trials commencing on or after September 1, 2025, regardless of when the offense occurred