AL SB219

Establishes standards and procedures for trial courts to determine whether a capital murder defendant is mentally retarded, making them ineligible for the death penalty consistent with U.S. Supreme Court ruling.

Defines "mentally retarded" as both significantly subaverage general intellectual functioning manifested by age 18 and significant limitations in adaptive functioning (in at least two areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure skills, or work skills) manifested by age 18.

Defendant must prove mental retardation by clear and convincing evidence; IQ below 70 supports an inference but is not determinative, and IQ of 70 or above supports an inference of non-retardation but is not determinative.

Requires trial court to make the determination upon defendant's motion filed 90 days before trial and to appoint expert psychologists or psychiatrists for indigent defendants; state may present its own expert evidence in response.

Applies retroactively to defendants already convicted of capital murder and sentenced to death, and becomes effective the first day of the third month after passage and gubernatorial approval.