Summary of the Perfected Version of the Bill

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.


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Last Updated November 26, 2001 at 11:43 am