AL SB31

Adds Section 13A-5-60 to Alabama Code to establish procedures for trial courts to determine whether capital murder defendants are 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 two or more areas (communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure skills, and work skills).

Places burden of proof on defendant to establish mental retardation by clear and convincing evidence; establishes that IQ below 70 supports an inference but is not conclusive of mental retardation, and IQ of 70 or above supports an inference of non-retardation.

Requires defendant to file motion no later than 90 days before trial supported by affidavits and documentary evidence; allows trial court to order pretrial evidentiary hearing; entitles indigent defendants to appointed psychologist or psychiatrist and permits state to have defendant examined by its own expert.

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.