SB 1239 Death penalty; mental retardation.
Thomas K. Norment, Jr. | all patrons    ...    notes
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Summary as enacted with Governor's Recommendation: (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. This bill is identical to HB 1923.

Full text:
01/08/03  Senate: Presented & ordered printed 038828253  pdf | impact statement
01/23/03  Senate: Committee substitute printed 030646508-S1  pdf | impact statements
02/18/03  House: Committee substitute printed 030388508-H1  pdf | impact statement
02/22/03  Senate: Conference substitute printed 030703508-S2  pdf
02/27/03  Senate: Bill text as passed Senate and House (SB1239ER)  pdf | impact statement
04/02/03  Senate: Reenrolled bill text (SB1239ER2)  pdf
05/01/03  Governor: Acts of Assembly Chapter text (CHAP1040)  pdf

Amendments:
Conference amendments
Governor's recommendation

Status:
01/08/03  Senate: Presented & ordered printed 038828253
01/08/03  Senate: Referred to Committee for Courts of Justice
01/15/03  Senate: Assigned to C. J. sub-committee: 1
01/22/03  Senate: Reported from Courts of Justice w/sub (14-Y 0-N)
01/22/03  Senate: Rereferred to Finance
01/23/03  Senate: Committee substitute printed 030646508-S1
01/28/03  Senate: Reported from Finance (13-Y 0-N)
01/28/03  Senate: Rereferred to Courts of Justice
02/02/03  Senate: Reported from Courts of Justice (15-Y 0-N)
02/03/03  Senate: Constitutional reading dispensed (39-Y 0-N)
02/03/03  Senate: VOTE: (39-Y 0-N)
02/04/03  Senate: Read second time
02/04/03  Senate: Reading of substitute waived
02/04/03  Senate: Committee substitute agreed to 030646508-S1
02/04/03  Senate: Engrossed by Senate - committee substitute 030646508-S1
02/04/03  Senate: Emergency clause added
02/04/03  Senate: Constitutional reading dispensed (39-Y 0-N)
02/04/03  Senate: VOTE: (39-Y 0-N)
02/04/03  Senate: Passed Senate (40-Y 0-N)
02/04/03  Senate: VOTE: (40-Y 0-N)
02/04/03  Senate: Communicated to House
02/05/03  House: Placed on Calendar
02/05/03  House: Read first time
02/05/03  House: Referred to Committee for Courts of Justice
02/13/03  House: Assigned to C. J. sub-committee: 1
02/17/03  House: Reported from C. J. with substitute (21-Y 0-N)
02/18/03  House: Committee substitute printed 030388508-H1
02/18/03  House: Read second time
02/19/03  House: Read third time
02/19/03  House: Committee substitute agreed to 030388508-H1 (55-Y 42-N)
02/19/03  House: VOTE: ADOPTION (55-Y 42-N)
02/19/03  House: Engrossed by House - committee substitute 030388508-H1
02/19/03  House: Passed House with substitute (82-Y 15-N)
02/19/03  House: VOTE: PASSAGE EMERGENCY (82-Y 15-N)
02/20/03  Senate: House substitute rejected by Senate (0-Y 39-N)
02/20/03  Senate: VOTE: REJECTED HOUSE AMENDMENT (0-Y 39-N)
02/20/03  House: House insisted on substitute
02/20/03  House: House requested conference committee
02/20/03  Senate: Senate acceded to request (39-Y 0-N)
02/20/03  Senate: VOTE: ACCEDE CONF. COMM. (39-Y 0-N)
02/20/03  Senate: Conferees appointed by Senate
02/20/03  Senate: Senators: Norment, Stolle, Howell
02/20/03  House: Conferees appointed by House
02/20/03  House: Delegates: Albo, Bell, Almand
02/22/03  Senate: Conference substitute printed 030703508-S2
02/22/03  Conference: Sub. recommended by conference comm. 030703508-S2
02/22/03  Senate: Reading of conference report waived
02/22/03  Senate: Conference report agreed to by Senate (37-Y 3-N)
02/22/03  Senate: VOTE: CONF. COMMITTEE RPT. (37-Y 3-N)
02/22/03  House: Conference report agreed to by House (93-Y 4-N)
02/22/03  House: VOTE: ADOPTION EMERGENCY (93-Y 4-N)
02/27/03  Senate: Bill text as passed Senate and House (SB1239ER)
03/05/03  Senate: Enrolled
03/05/03  House: Signed by Speaker
03/06/03  Senate: Signed by President
03/24/03  Senate: Governor's recommendation received by Senate
04/02/03  Senate: Placed on Calendar
04/02/03  Senate: Senate rejected Gov's recommendation (17-Y 22-N)
04/02/03  Senate: VOTE: REJECTED GOV. RECOMM. (17-Y 22-N)
04/02/03  Senate: Rec. of rejected Gov's recommendation (39-Y 0-N)
04/02/03  Senate: VOTE: RECONSIDER (39-Y 0-N)
04/02/03  Senate: Senate concurred in Gov's recommendations #1-3 (39-Y 0-N)
04/02/03  Senate: VOTE: ADOPT GOV. RECOM. 1,2,3 (39-Y 0-N)
04/02/03  Senate: Senate rejected Gov's recommendations #4&5 (14-Y 25-N)
04/02/03  Senate: VOTE: REJECTED GOV. RECOM. 4,5 (14-Y 25-N)
04/02/03  House: Pending question ordered
04/02/03  House: House concurred in Gov's recommendations #1-3 (47-Y 44-N)
04/02/03  House: VOTE: ADOPTION (47-Y 44-N)
04/02/03  House: Reenrolled
04/02/03  Senate: Reenrolled bill text (SB1239ER2)
04/02/03  House: Signed by Speaker as reenrolled
04/02/03  Senate: Signed by President as reenrolled
04/02/03  Senate: Communicated to Governor
05/01/03  Governor: Approved by Governor-Chapter 1040 (effective 5/1/03)
05/01/03  Governor: Acts of Assembly Chapter text (CHAP1040)