HCS HB 265 & 369 -- CAPITAL PUNISHMENT BAN FOR MENTALLY RETARDED

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 11 to 0.

This substitute prohibits the use of the death penalty for
persons who are found to be mentally retarded by a preponderance
of the evidence.  Upon agreement of both parties, the court may
determine the issue of mental retardation prior to the trial.
The substitute provides a detailed definition for "mental
retardation."  The condition must be manifested and documented
prior to the subject reaching age 18.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill is necessary to ensure
that persons who may not understand the nature of their crimes
or the nature of capital punishment are not subject to the death
penalty.  Additionally, persons who were against prior versions
of the bill are in support of the bill because it clearly
defines "mentally retarded" and does not introduce new levels of
defenses in these cases, but only prohibits capital punishment
on specific persons determined to be mentally retarded.

Testifying for the bill were Representatives Hosmer and Boucher;
Missouri Prosecutors' Association; Missouri Catholic Conference;
Missouri Association of Retarded Children (ARC); American Civil
Liberties Union of Eastern Missouri; St. Louis ARC; Missouri
Impact Interfaith Organization; Missouri Association of Criminal
Defense Lawyers; Missouri Chapter of National Association of
Social Workers; Paraquad Inc.; and Gino Battisti (criminal
defense attorney, for self).

OPPONENTS:  There was no opposition voiced to the committee.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am