By CONNIE MABIN
Associated Press Writer

AUSTIN (AP) — Texas lawmakers passed legislation Saturday that would ban the execution of murderers who are found to be mentally retarded.

``This legislation is a major step forward that proves we can be tough on crime and still have compassionate justice, even in the wild, wild West,'' said Senate sponsor
Rodney Ellis, a Democrat.

The compromise bill passed 80-56 in the House earlier in the day and was approved 20-9 in the Senate.

Gov. Rick Perry has not said whether he would sign the measure into law. A U.S. Supreme Court ruling on the issue is pending.

Under the compromise bill, the trial jury would determine during the punishment phase of proceedings if a defendant is mentally retarded. Such a finding would convert
a death sentence automatically to life in prison.

If jurors found the defendant not mentally retarded, defense attorneys would be allowed to petition the judge to consider the issue. Two experts would be assigned to
make a determination.

The Senate had sought a bill that would have put the determination of mental retardation in the hands of the trial judge before the case was heard.

Ellis said six mentally retarded people have been executed in Texas since the state resumed executions in 1982.

House sponsor Rep. Juan Hinojosa, a Democrat, said seven mentally retarded inmates currently are on death row in Texas.

``This is a statement of our public policy,'' Hinojosa said. ``It is wrong to execute a person who is mentally retarded.''

Texas, the country's No. 1 death penalty state, has executed seven people this year.

Fifteen states and the federal government have passed laws prohibiting the execution of the mentally retarded people, sponsors said.

Relatives of Pamela Moseley Carpenter, who was raped and fatally beaten and stabbed in her East Texas home in 1979, were among critics of the legislation.

Johnny Paul Penry, who has been classified as mentally retarded and having the mind of a 7-year-old, was convicted of the crime and sentenced to death. His case is
under review by the U.S. Supreme Court.

The bill is not retroactive and Penry would still face the death penalty if his conviction is upheld in the U.S. Supreme Court.

The justices have also announced they will consider later this year whether executing killers with mental retardation is cruel and unusual punishment.

A bill that would have spared mentally retarded killers passed the Senate in the 1999 but was not approved by the House.

Apparently Gov Perry will delay signing bill pending outcome of USSC Penry case. Since he is waiting it must be that he will not sign if USSC says its OK to excute.

Query whether mentally retarded are fit to stand trial -- pretty hard to assist counsel in their own defense.

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