SB219 Alabama 2010 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2010

Title

Capital punishment, mentally retarded defendant, procedures for court to determine, established, retroactive effect, Sec. 13A-5-60 added

Summary

SB219 would establish procedures to determine if a capital murder defendant is mentally retarded and apply that standard retroactively to death penalty cases in Alabama.

What This Bill Does

It creates a new rule (Section 13A-5-60) that defines mental retardation and sets standards and procedures for courts to determine whether a death penalty defendant is mentally retarded. The defendant bears the burden to prove both significantly subaverage intellectual functioning and significant adaptive limitations before age 18, with IQ tests serving as supporting, not determinative, evidence. If found mentally retarded, the court must announce findings and the state may not seek the death penalty; the process includes possible pretrial hearings, appointed experts for indigent defendants, and the state's right to present its own evidence. The act applies retroactively to defendants already convicted of capital murder and sentenced to death, and it becomes effective a few months after passage and governor approval.

Who It Affects

• Capital murder defendants who may be found mentally retarded under the new standards (affects eligibility for the death penalty).
• The state/prosecution and trial courts, which must conduct evaluations, appoint experts for indigent defendants, allow pretrial hearings, consider evidence from both sides, and apply the retroactive provisions.

Key Provisions

• Adds Section 13A-5-60 defining mentally retarded as significantly subaverage general intellectual functioning and significant adaptive limitations manifested before age 18, with specified adaptive areas listed.
• Burden on the defendant to prove both elements by clear and convincing evidence; IQ below 70 supports an inference of retardation, but is not determinative.
• Requires the trial court to determine mental retardation with articulated findings; allows a pretrial hearing if requested and provides for appointed experts for indigent defendants; permits the state to have its own examining expert.
• Prior determinations by agencies or courts can support an inference of retardation but do not force a finding.
• If found mentally retarded, the state may not seek the death penalty against the defendant.
• Pretrial determination does not bar other legal defenses or mitigating evidence from being raised at trial.
• Retroactive application to defendants convicted of capital murder and sentenced to death.
• Effective date is the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses