HB 1923 Death penalty; mental retardation.
James F. Almand; Resigned 8/03 | all patrons    ...    notes
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Summary as passed:
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.


Summary as passed House:
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. This bill was drafted by a subcommittee of the Crime Commission and is a recommendation of the Commission.


Summary as introduced:
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. This bill was drafted by a subcommittee of the Crime Commission and is a recommendation of the Commission.