SB243 Alabama 2014 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2014

Title

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

Summary

SB243 creates a pretrial procedure in Alabama death penalty cases to determine if a defendant has mental retardation, and if so, bars the death penalty.

What This Bill Does

It defines mental retardation with specific criteria, places the burden on the defendant to prove MR by clear and convincing evidence, and requires the trial court to determine MR status with written findings. The bill allows a pretrial MR hearing if requested, and may appoint court-ordered experts for indigent defendants. If MR is found, the state cannot seek the death penalty, while other defenses and mitigating evidence remain available.

Who It Affects

• Defendants charged with capital murder in Alabama who would have to prove they are mentally retarded to avoid the death penalty.
• The state's prosecutors and defense teams (including indigent defendants who may receive court-ordered experts) who participate in MR determinations, present and challenge evidence, and conduct pretrial hearings.

Key Provisions

• Adds §13A-5-60 defining an 'individual with mental retardation' as someone with significantly subaverage general intellectual functioning manifested before age 18 and significant adaptive functioning limitations in two or more areas.
• Burden on the defendant to prove by clear and convincing evidence that both subaverage functioning and adaptive limitations existed before age 18; IQ under 70 supports MR inference, IQ 70 or above supports MR inference against it, but neither is determinative.
• The trial court must determine MR status and articulate its findings; a pretrial hearing can be ordered if the defendant requests, up to 90 days before trial.
• If the defendant is indigent, the court must appoint a licensed psychologist or psychiatrist to provide evidence at an evidentiary hearing, and the state may appoint its own experts to present evidence.
• The state's experts may examine the defendant; if the defendant does not cooperate, the court may limit the defense's expert evidence.
• A prior state or federal determination that the defendant is MR creates an inference of MR but does not require a finding of MR by the court.
• If the court finds the defendant is MR, the state may not seek the death penalty.
• Pretrial MR determinations do not preclude other defenses or evidence of diminished capacity as a mitigating factor.
• Not retroactive to those already convicted and sentenced to death; the act is severable and becomes law after the governor signs it or after it becomes law; effective date is the first day of the third month following passage/approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses