- Introduced -

SB 1047 - This act excludes mentally retarded individuals convicted for murder in the first degree from receiving the death penalty, and establishes the procedure for a hearing to determine mental retardation if so alleged. "Mentally retarded" is defined in the act as significantly subaverage general intellectual functioning existing with deficits in adaptive behavior which were manifested and documented before sixteen years of age. The court may waive the requirement of documentation under extraordinary circumstances. The state shall have the right to an interlocutory appeal from a pretrial determination which finds the defendant is mentally retarded.