House Sponsors: GILES-FLOWERS-FEIGENHOLTZ-CURRIE-DAVIS,MONIQUE, DELGADO, SILVA, MCKEON, BOLAND, HAMOS, FRANKS, SCULLY AND SHARP. Senate Sponsors: LIGHTFORD Short description: CRIM CD-DEATH PENALTY-RETARDED Synopsis of Bill as introduced: Amends the Criminal Code of 1961 relating to the imposition of the death penalty for first degree murder. Prohibits the imposition of the death penalty upon a mentally retarded person. Provides that the issue of the defendant's mental retardation may be raised by the defense, the State, or the court at any appropriate time before a plea is entered or before, during, or after trial. Provides that the court shall hold a hearing upon a motion that the death penalty be precluded because the convicted person is mentally retarded. Provides that if the court finds, by a preponderance of the evidence, that the defendant is mentally retarded, the death sentence may not be imposed. Effective immediately. HOUSE AMENDMENT NO. 1. Replaces the definition and presumption of mental retardation with the definition of mental retardation in the Mental Health and Developmental Disabilities Code that defines mental retardation as significantly subaverage general intellectual functioning that exists concurrently with impairment in adaptive behavior and that originates before the age of 18 years. HOUSE AMENDMENT NO. 2. Deletes the provision that permits the issue of the defendant's mental retardation to be raised during trial. FISCAL NOTE, H-AM 1 (Dept. of Corrections) There would be no corrections population or fiscal impact. CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections) Same as DOC fiscal note. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status