HB 1923 Death penalty; mental retardation.
James F. Almand; Resigned 8/03 | all patrons    ...    notes
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Summary as passed: (all summaries)
Death penalty; mental retardation. Establishes procedures for determining whether a defendant in a capital case is mentally retarded and may not be sentenced to death. In June the United States Supreme Court in Atkins v. Virginia, 536 U.S.___ (2002) held that the execution of a mentally retarded person is cruel and unusual punishment prohibited by the Eighth Amendment. This bill defines mental retardation, sets procedures for determining whether a defendant meets the definition and provides for the appointment of expert evaluators. When mental retardation is at issue, a determination will be made by the jury (or judge in bench trials) as part of the sentencing proceeding. The defendant bears the burden of proving mental retardation by a preponderance of the evidence. The bill establishes a procedure for defendants sentenced to death prior to the effective date of the bill to raise the issue of mental retardation. The majority of this bill was drafted by a subcommittee of the Crime Commission and the bill, as introduced, was a recommendation of the Commission. This bill is identical to SB 1239.

Full text:
01/08/03  House: Pres. & ord. printed w/emg. clause pref.01/07/03 030622228  pdf | impact statements
02/03/03  House: Printed as engrossed 030622228-E  pdf | impact statements
02/22/03  House: Conference substitute printed 030695608-H1  pdf
02/27/03  House: Bill text as passed House and Senate (HB1923ER)  pdf | impact statement
04/29/03  Governor: Acts of Assembly Chapter text (CHAP1031)  pdf

Amendments:
House amendments
Senate amendments
Senate amendments engrossed
Conference amendments
Governor's recommendation

Status:
01/08/03  House: Pres. & ord. printed w/emg. clause pref.01/07/03 030622228
01/08/03  House: Referred to Committee for Courts of Justice
01/30/03  House: Assigned to C. J. sub-committee: 1
01/31/03  House: Reported from C. J. with amendments (21-Y 0-N)
02/01/03  House: Read first time
02/03/03  House: Read second time
02/03/03  House: Committee amendments No. 1,2,3,4,6,7 agreed to
02/03/03  House: Title replaced
02/03/03  House: Pending question ordered
02/03/03  House: Committee amendment No. 5 agreed to
02/03/03  House: Engrossed by House as amended
02/03/03  House: Printed as engrossed 030622228-E
02/04/03  House: Read third time and passed House (94-Y 5-N)
02/04/03  House: VOTE: PASSAGE EMERGENCY (94-Y 5-N)
02/04/03  House: Communicated to Senate
02/05/03  Senate: Constitutional reading dispensed
02/05/03  Senate: Referred to Committee for Courts of Justice
02/10/03  Senate: Reported from Courts of Justice w/amds (12-Y 0-N)
02/11/03  Senate: Const. reading disp., passed by for the day (40-Y 0-N)
02/11/03  Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
02/12/03  Senate: Read third time
02/12/03  Senate: Reading of amendments waived
02/12/03  Senate: Committee amendments agreed to
02/12/03  Senate: Engrossed by Senate as amended
02/12/03  Senate: Passed Senate with amendments (40-Y 0-N)
02/12/03  Senate: VOTE: PASSAGE R (40-Y 0-N)
02/13/03  House: Placed on Calendar
02/14/03  House: Senate amendments rejected by House (49-Y 49-N)
02/14/03  House: VOTE: REJECTED (49-Y 49-N)
02/20/03  Senate: Senate insisted on amendments (38-Y 0-N)
02/20/03  Senate: VOTE: INSIST & REQUEST (38-Y 0-N)
02/20/03  Senate: Senate requested conference committee
02/20/03  House: House acceded to request
02/20/03  House: Conferees appointed by House
02/20/03  House: Delegates: Albo, Bell, Almand
02/20/03  Senate: Conferees appointed by Senate
02/20/03  Senate: Senators: Norment, Stolle, Howell
02/22/03  House: Conference substitute printed 030695608-H1
02/22/03  House: Conference report agreed to by House (93-Y 2-N)
02/22/03  House: VOTE: ADOPTION EMERGENCY (93-Y 2-N)
02/22/03  Senate: Reading of conference report waived
02/22/03  Senate: Conference report agreed to by Senate (35-Y 4-N)
02/22/03  Senate: VOTE: CONF. COMMITTEE RPT. (35-Y 4-N)
02/27/03  House: Bill text as passed House and Senate (HB1923ER)
03/05/03  House: Enrolled
03/05/03  House: Signed by Speaker
03/06/03  Senate: Signed by President
03/24/03  House: Governor's recommendation received by House
04/02/03  House: Placed on Calendar
04/02/03  House: House rejected Gov's recommendation #1-3 (41-Y 59-N)
04/02/03  House: VOTE: REJECTED (41-Y 59-N)
04/02/03  House: House rejected Gov's recommendation #4,5 (32-Y 68-N)
04/02/03  House: VOTE: REJECTED (32-Y 68-N)
04/02/03  House: Communicated to Governor
04/29/03  Governor: Approved by Governor-Chapter 1031 (effective 4/29/03)
04/29/03  Governor: Acts of Assembly Chapter text (CHAP1031)