TX SB432

Prohibits sentencing a defendant with an intellectual disability to death for capital offenses in Texas

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

Establishes a pretrial hearing process where defense attorneys must request a determination within one year of indictment, with hearings held at least 180 days after the request and no later than 120 days before trial

Requires appointment of a disinterested expert qualified in diagnosing intellectual disabilities upon request by either party or by the judge, with the defendant bearing the burden of proof by preponderance of evidence

Allows the state to directly appeal intellectual disability determinations to the Court of Criminal Appeals for expedited review; applies to trials commencing on or after September 1, 2025