DELGADO, SILVA, MCKEON, BOLAND, HAMOS, FRANKS,
SCULLY AND SHARP.
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.
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
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0
END OF INQUIRY
Full Text Bill Status