SB 0702 | Prohibits death sentence in first degree murder case involving mentally retarded defendant |
Sponsor: | Clay | |||
LR Number: | S2255.02I | Fiscal Note: | 2255-02 | |
Committee: | Civil and Criminal Jurisprudence | |||
Last Action: | 01/28/98 - Hearing Conducted S Civil & Criminal Jurisprudence | Journal page: | ||
Committee | ||||
Title: | ||||
Effective Date: | August 28, 1998 | |||
SB 702 - This act prohibits a death sentence in first degree
murder case involving a defendant determined to be mentally
retarded. The court must determine that the person on trial was
mentally retarded prior to committing the crime. A person is
considered mentally retarded under this section if he meets all
three of the following: in the bottom 3% of the population in
intelligence (an I.Q. of 70 or below is one way to determine
this); has significant impairments in his behavior; and if his
retardation appeared before age 18.
JOAN GUMMELS