Senate Approves Capital Punishment Reform

Prohibits execution of persons with mental retardation

The state Senate approved legislation co-sponsored by Senator Bob Robbins (R-50) that establishes a pretrial procedure to determine if a defendant in a capital penalty trial is a person with mental retardation.

The U.S. Supreme Court ruled in Atkins v. Virginia that applying the death penalty to persons with mental retardation is unconstitutional and left it up to states to determine how to implement the decision. Senate Bill 751 establishes a pretrial hearing by a judge to make the assessment.

"This is an important protection for those accused of the most serious of criminal offenses and facing capital punishment," Senator Robbins said. "While I believe that there are crimes that merit the death penalty, it is essential that all factors be taken into account before it is imposed. Certainly, mental illness is a factor that should and must be taken into account by the court."

Under Senate Bill 751, counsel for a defendant in a capital case can request a hearing prior to trial to determine if the defendant is not eligible for the death penalty due to mental retardation. The burden of proof would be on the defendant. If the court finds for the defense, the trial would proceed as a noncapital trial. The bill also provides a similar procedure for a defendant already sentenced to death with appeals pending.

The bill's definition of "a person with mental retardation" is based on one used by the American Association of Mental Retardation: an individual who has a mental disability characterized by significant limitations in intellectual functioning and in adaptive behavior as expressed in conceptual, social and practical adaptive skills.

The bill now goes the House of Representatives for consideration.

Contact:

Michael Hengst
(717) 787-1322