HCS HB 265 & 369 -- CAPITAL PUNISHMENT BAN FOR MENTALLY RETARDED (Hosmer) 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.Copyright (c) Missouri House of Representatives