AR HB1494

Adds definitions to Arkansas Code including "active symptoms," "delusion," "hallucination," "person with a serious mental illness," and "serious mental illness" referencing the American Psychiatric Association's Diagnostic and Statistical Manual as of January 1, 2017

Creates new section 5-4-609 allowing individuals charged with or sentenced to death to petition trial court alleging serious mental illness, with court-appointed psychiatric or psychological evaluation by two licensed examiners

Requires trial court to conduct hearing and determine by preponderance of evidence whether person has serious mental illness within 30 days, with written findings issued supporting the determination

Prohibits state from seeking death penalty if trial court determines person has serious mental illness, but allows prosecution to pursue life imprisonment without parole

Applies to persons not yet sentenced for pre-enactment offenses and to those already sentenced to death through post-conviction relief procedures, with deadline of July 1, 2020 for filing second or successive petitions