SB155 Summary

• Adds Section 13A-5-60 to the Alabama Code to establish procedures for trial courts to determine whether a capital murder defendant has an intellectual disability, which prevents imposition of the death penalty under U.S. Supreme Court precedent.

• Defines "an individual with an intellectual disability" as requiring both significantly subaverage general intellectual functioning manifested by age 18 AND significant limitations in adaptive functioning in two or more skill 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 intellectual disability by clear and convincing evidence; IQ below 70 supports but is not determinative of subaverage functioning, while IQ of 70 or above supports but does not conclusively prove lack of disability.

• Requires trial court to hold pretrial hearing upon defendant's motion filed 90 days before trial; permits appointment of licensed psychologist or psychiatrist for indigent defendants and allows state to have defendant examined by its own expert.

• Applies only to prospective cases and does not affect defendants already convicted and sentenced to death; becomes effective on the first day of the third month following passage and approval.