AL SB48

Establishes standards and procedures for trial courts to determine whether a capital murder defendant has an intellectual disability, implementing the U.S. Supreme Court ruling that defendants with intellectual disabilities cannot receive the death sentence.

Defines "individual with an intellectual disability" as having both significantly subaverage general intellectual functioning 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), all manifested by age 18.

Places burden on defendant to prove by clear and convincing evidence all elements of intellectual disability; establishes that intelligence quotient below 70 supports but is not determinative of disability, and IQ of 70 or above supports but is not determinative that defendant is not disabled.

Requires defendant to file motion for pretrial hearing no later than 90 days before trial; provides for appointment of licensed psychologist or psychiatrist for indigent defendants and allows state to have defendant examined by its own expert to present rebuttal evidence.

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