SB70 Summary

• Adds Section 13A-5-60 to the Code of Alabama to establish procedures for trial courts to determine whether a capital murder defendant is mentally retarded and therefore ineligible for the death penalty, in compliance 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 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).

• Places burden on defendant to prove by clear and convincing evidence that they meet the mental retardation criteria, with IQ scores below 70 supporting but not determining the finding and scores of 70 or above supporting but not determining that defendant is not mentally retarded.

• Requires trial court to hold pretrial evidentiary hearing upon defendant's motion filed no later than 90 days before trial, with both defendant and state entitled to present expert psychological or psychiatric testimony.

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