SB368 Summary

• Adds Section 13A-5-60 to the Code of Alabama 1975 to establish procedures for trial courts to determine whether a capital murder defendant is mentally retarded and therefore ineligible for the death penalty, consistent with U.S. Supreme Court ruling.

• Defines "mentally retarded" as requiring both significantly subaverage general intellectual functioning manifested by age 18 and significant limitations in adaptive functioning in two or more skill areas by age 18.

• Places burden on defendant to prove mental retardation by clear and convincing evidence; an IQ below 70 on a standardized test supports but does not determine the finding, while an IQ of 70 or above supports the inference of not being mentally retarded.

• Allows defendant to request a pretrial hearing within 90 days of trial; if necessary, trial court must appoint a licensed psychologist or psychiatrist for indigent defendants, and state may retain its own expert to examine the defendant.

• Prohibits retroactive application to defendants already convicted and sentenced to death; becomes effective the first day of the third month following passage and approval.