Senate Sponsors: CULLERTON. 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. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 0 END OF INQUIRY Full Text Bill Status