|SB 0192||Prohibits capital punishment of a mentally retarded person and restricts use of evidence obtained from such a person|
|LR Number:||0640S.01I||Fiscal Note:||0640-01|
|Last Action:||02/13/01 - SCS voted Do Pass S Judiciary Committee (0640S.03C)||Journal page:|
|Effective Date:||August 28, 2001|
SCS/SB 192 - This act excludes mentally retarded individuals convicted of murder in the first degree from receiving the death penalty, and establishes the procedure for a hearing to determine mental retardation if so alleged. The act allows a judge or jury to determine the issue of mental retardation by a preponderance of the evidence during the sentencing phase of the capital case, unless the parties agree to pretrial determination of the issue. If a pretrial determination is detrimental to the defendant, the parties may still present the issue during the sentencing stage of the trial. The act defines mental retardation to reference extensive systemic and pervasive related deficits in two or more adaptive behaviors, which are manifested before 18 years of age.
This act is similar to SB 1047 (2000).