SB118 Alabama 2018 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2018

Title

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

Summary

SB 118 creates a pretrial process to determine if a capital murder defendant has an intellectual disability, which would make them ineligible for the death penalty if found.

What This Bill Does

It adds a new standard (13A-5-60) to define intellectual disability and how it is to be determined in death penalty cases. Intellectual disability is defined as significantly subaverage general intellectual functioning and significant limitations in adaptive functioning, both manifested before age 18, with limitations in at least two adaptive skill areas. The defendant must prove these elements by clear and convincing evidence, with IQ test results providing non-determinative inferences. The trial court must determine ID and, if found, cannot seek the death penalty; procedures include possible pretrial hearings, appointment of experts for indigent defendants, and the state's right to present its own expert evidence; not retroactive to those already convicted and sentenced, and not subject to interlocutory appeal.

Who It Affects

• Capital murder defendants in Alabama, including indigent defendants, who may be evaluated for intellectual disability and potentially become ineligible for the death penalty.
• The state/prosecution and trial courts, which would conduct pretrial ID determinations, appoint or accept expert evidence, and decide whether the death penalty can be sought depending on the outcome.

Key Provisions

• Defines intellectual disability as two parts: significantly subaverage general intellectual functioning and significant limitations in adaptive functioning manifested before age 18, with limitations in two or more adaptive skill areas.
• Burden on the defendant to prove by clear and convincing evidence that both elements existed before age 18; IQ below 70 supports an inference of ID, IQ 70 or above supports an inference that the defendant is not ID (not determinative).
• The trial court must determine ID and provide findings; allows a pretrial hearing (upon defendant's motion, no later than 90 days before trial) and, if indigent, appointment of a licensed psychologist/psychiatrist; the state may appoint its own expert and present evidence.
• If ID is found, the state may not seek the death penalty; the pretrial ID determination does not bar other legal defenses or mitigating evidence; the determination is not reviewable by interlocutory appeal; not retroactive for those already convicted and sentenced to death.
• Effective date: becomes law 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