HB 425 -- DEATH PENALTY FOR MENTALLY RETARDED PERSONS

CO-SPONSORS:  Schilling, Riback Wilson, Hosmer, Bray, Daniel (42)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 17 to 1.

This bill prohibits the use of the death penalty for persons who
are mentally retarded.  The judge is required to determine prior
to submission to the jury whether the defendant is eligible to
receive the death penalty.

FISCAL NOTE:  No impact on state funds in FY 2000, FY 2001, and
FY 2002.

PROPONENTS:  Supporters say that it is appropriate to allow the
judge to determine if an individual otherwise eligible for the
death penalty should be exempted due to mental retardation,
because a person with that condition is not capable of
committing murder with the necessary degree of deliberation.

Testifying for the bill were Representative Schilling; Missouri
Association of Criminal Defense Attorneys; American Civil
Liberties Union of Eastern Missouri; Missouri Catholic
Conference; and Murray Boles.

OPPONENTS:  Those who oppose the bill say that current law
already allows for the consideration of mental retardation as a
mitigating circumstance in determining whether the death penalty
should be applied, and the bill needs to more fully articulate a
standard for mental retardation.

Testifying against the bill was Missouri Prosecutors Association.

Sarah Madden, Legislative Analyst

HB 425 -- Death Penalty for Mentally Retarded Persons

Co-Sponsors:  Schilling, Riback Wilson, Hosmer, Bray, Daniel (42)

This bill prohibits the use of the death penalty for persons who
are mentally retarded.  The judge is required to determine prior
to submission to the jury whether the defendant is eligible to
receive the death penalty.