- Introduced -

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.