SB118 Summary

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

• Defines "individual with an intellectual disability" as having significantly subaverage general intellectual functioning manifested by age 18 AND significant limitations in two or more adaptive skill areas (communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, work skills).

• Defendant bears burden of proving by clear and convincing evidence both elements of intellectual disability; IQ test scores below 70 support but do not determine significantly subaverage functioning, while scores of 70 or above support but do not determine the defendant is not intellectually disabled.

• Allows defendants to request pretrial hearing no later than 90 days before trial; requires appointment of licensed psychologist or psychiatrist for indigent defendants, and permits state to have defendant examined by its own expert.

• Trial court must make determination and articulate findings; if defendant is found to have intellectual disability, state is prohibited from seeking death penalty; determination that defendant is not intellectually disabled is not subject to interlocutory appeal.