SB70 Alabama 2012 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2012

Title

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

Summary

This bill creates standards and procedures for courts to determine if a capital murder defendant is mentally retarded, which could prevent a death sentence if true.

What This Bill Does

It defines mental retardation with criteria tied to age 18 and places the defendant’s burden to prove it by clear and convincing evidence. It requires a pretrial determination, potentially through an evidentiary hearing with both defense and state mental health experts. If the court finds the defendant mentally retarded, the state may not seek the death penalty. The act is not retroactive to those already convicted and sentenced and does not bar other legal defenses or mitigating evidence.

Who It Affects

• Defendants charged with capital murder who may be mentally retarded, as their eligibility for the death penalty could be affected and they may undergo a pretrial mental retardation determination.
• State prosecutors and defense attorneys (including licensed psychologists/psychiatrists), who would participate in pretrial hearings, present expert evidence, and determine how mental retardation evidence is handled.

Key Provisions

• Defines mental retardation as (1) significantly subaverage general intellectual functioning manifested by age 18, and (2) significant limitations in adaptive functioning manifested by age 18, with limitations in at least two adaptive skill areas.
• Burden on the defendant to prove by clear and convincing evidence both elements existed before age 18; an IQ below 70 supports an inference of subaverage functioning, while 70 or above supports an inference of not being mentally retarded, with each inference not determinative on its own.
• The trial court must determine whether the defendant is mentally retarded and must articulate its findings; a pretrial hearing can be ordered if the defendant moves by 90 days before trial.
• If an evidentiary hearing is necessary, indigent defendants must be appointed a licensed psychologist or psychiatrist; the state may appoint its own experts and present evidence at the hearing, with opportunities for rebuttal.
• Prior determinations by state/federal agencies or courts that a defendant is mentally retarded create an inferential support but do not compel a finding.
• If the court finds the defendant mentally retarded, the state may not seek the death penalty.
• The pretrial determination does not bar other legal defenses or the presentation of diminished intellectual capacity as a mitigating factor.
• A court's determination that a defendant is not mentally retarded is not subject to interlocutory appeal.
• The act is not retroactive to defendants already convicted and sentenced to death; it is severable and becomes effective on 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