SB31 Alabama 2013 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2013

Title

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

Summary

SB31 creates a formal process to decide if a capital murder defendant is mentally retarded, which could prevent a death sentence if proven.

What This Bill Does

It defines what counts as mentally retarded, using age 18 as the cutoff for both intellectual functioning and adaptive skills. The defendant must prove these conditions by clear and convincing evidence, with IQ tests providing supportive but not definitive guidance. The court must hold a pretrial determination, may order a hearing, and can appoint a licensed psychologist or psychiatrist to help if the defendant is indigent. If the court finds the defendant mentally retarded, the state may not seek the death penalty; the ruling is not reviewable on an interlocutory appeal, and the act is not retroactive to those already sentenced.

Who It Affects

• Defendants in capital murder cases who may be found mentally retarded and thus ineligible for the death penalty
• State prosecutors and trial courts who conduct the evaluations, oversee the pretrial hearing, and issue findings about mental retardation

Key Provisions

• Definition of mentally retarded: significantly subaverage general intellectual functioning manifested by age 18, plus significant limitations in adaptive functioning manifested by age 18 across two or more areas (e.g., communication, self-care, home living, social skills, etc.)
• Burden of proof: defendant must prove by clear and convincing evidence both subaverage intellectual functioning and adaptive functioning with onset before age 18; IQ below 70 supports an inference of subaverage functioning, while 70 or above supports an inference against mental retardation; subaverage functioning alone is not enough without adaptive limitations and onset before 18
• Pretrial determination: trial court must determine mental retardation before trial and articulate findings; defendant may request a pretrial hearing up to 90 days before trial with appropriate evidence; indigent defendants can be appointed licensed psychologists or psychiatrists to present evidence; the state may have its own examiner
• Evidence and cooperation: the state’s ability to examine the defendant and present evidence at the hearing; if the state’s expert cannot obtain information due to the defendant's lack of cooperation, the court may restrict the defense expert’s evidence
• Impact of prior determinations: a finding by a state or federal agency or court that the defendant is mentally retarded creates an inference but does not require the court to find mental retardation
• Penalty and appeal implications: if found mentally retarded, the state cannot seek the death penalty; the pretrial determination does not bar other legal defenses or mitigate evidence; the determination is not subject to interlocutory appeal
• Nonretroactivity and severability: the act cannot be applied retroactively to those already convicted and sentenced for capital murder; if any part is invalid, the rest remains; the act becomes effective after a specified period following 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