A bill to prohibit the execution of the mentally retarded...

A bill to prohibit the execution of the mentally retarded in Texas was vetoed by Governor Rick Perry. The bill was approved on May 26 and would have prohibited the death penalty if jurors determine that the defendant is mentally retarded. Under the proposed law, if the jury decided that a defendant was not mentally retarded, the defense could petition the trial judge to order an evaluation by independent mental health experts. In vetoing the legislation, Perry stated that although their is no statutory prohibition, "we do not execute mentally retarded murderers [in Texas] today." Without a legislative ban, those with mental retardation can be sentenced to death because jurors are only required to consider a defendant's mental capacity as a mitigating factor during sentencing