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HB 2777

Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.

89th Legislature (2025) Introduced by Diego Bernal and 27 co-sponsors

HB 2777 would prohibit executing individuals with severe mental illness for capital crimes in Texas, creating a categorical exemption from the death penalty.

Failed to receive affirmative vote in comm.
#courts--juries(i0145) #crimes--capitalpunishment(i0195) #criminalprocedure--sentencing&punishment(i0205) #evidence(s0250) #mentalhealth&substanceabuse(i0019)
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Bill Summary · HB 2777

Legislative bill overview

HB 2777 would restrict the application of capital punishment in Texas by prohibiting execution of individuals with severe mental illness who committed capital offenses. The bill attempts to carve out a categorical exemption from the death penalty based on the defendant's mental health status at the time of sentencing, similar to existing protections for juveniles and intellectually disabled individuals.

Why is this important

This bill addresses a significant criminal justice and medical ethics question: whether people with severe mental illness possess sufficient culpability for the most severe punishment. The outcome affects both death row inmates and future capital case proceedings in Texas, which carries out more executions than any other state. It also reflects ongoing tension between retribution, public safety, and constitutional protections against cruel and unusual punishment.

Potential points of contention

  • Definition and diagnosis challenges: "Severe mental illness" lacks precise legal definition, creating uncertainty about who qualifies and potential for inconsistent application across cases and judges
  • Competency vs. culpability distinction: Legal questions about whether mental illness that affects judgment at time of crime differs meaningfully from competency to stand trial or understand execution
  • Victim advocacy concerns: Families of capital crime victims may view this as reducing accountability and may argue it prioritizes offender welfare over victim justice

Compiled from official sources — confirm details with the bill’s official record.

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