SB155 Alabama 2016 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2016

Title

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

Summary

The bill would create a pretrial process to decide if a capital murder defendant has an intellectual disability, which would make them ineligible for the death penalty.

What This Bill Does

It defines intellectual disability by two criteria and requires the defendant to prove these by clear and convincing evidence before trial. If the court finds the defendant has an intellectual disability, the death penalty cannot be sought, and the defendant may present defenses and mitigating evidence. The state and defendant can bring in experts for evaluation, and the court can hold a pretrial hearing to determine this issue; prior determinations can influence the decision but are not controlling. The measure is not retroactive and becomes law after the specified date.

Who It Affects

• Defendants in Alabama capital murder cases who may be found to have an intellectual disability and thus be ineligible for the death penalty
• Indigent defendants who would receive court-appointed psychologists or psychiatrists to assist in the determination

Key Provisions

• Defines intellectual disability as significantly subaverage general intellectual functioning manifested by age 18 and significant adaptive-functioning limitations manifested by age 18, with two or more areas affected (e.g., communication, self-care, work skills, etc.)
• Burden of proof on the defendant to prove these elements by clear and convincing evidence before trial, with IQ test results providing supportive inferences (below 70 supports, 70 or above suggests the opposite) but not determinative
• The trial court must make a pretrial determination on whether the defendant is an intellectual disability; findings must be articulated; a pretrial hearing can be ordered if requested by the defense with proper evidence
• If the defendant is indigent, the court must appoint a licensed psychologist/psychiatrist to provide evidence; the state may also appoint its own examiner and present evidence
• If the court finds the defendant has an intellectual disability, the state may not seek the death penalty; if not, the case proceeds with other defenses and mitigating evidence allowed
• Prior determinations by agencies or courts can support an inference of intellectual disability but are not binding; any pretrial determination is not reviewable by interlocutory appeal
• The act does not apply retroactively to those already convicted and sentenced to death; it 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 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses