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AR HB1792

Bill

Status

Passed

3/29/2019

Primary Sponsor

Jimmie Gazaway

Click for details

Origin

House of Representatives

92nd General Assembly (2019 Regular)

AI Summary

  • Amends Arkansas Code § 16-90-506(d) to establish procedures for evaluating mental competency of individuals under sentence of death before execution.

  • Allows death row inmates or their attorneys to inform the Department of Correction Director in writing that they believe the inmate is mentally incompetent to be executed, with supporting evidence considered.

  • Requires the Director to notify the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services if reasonable grounds exist that an inmate cannot rationally understand the nature and reasons for punishment due to mental illness.

  • Mandates a mental health evaluation be conducted within 30 days, with an evidentiary hearing presided over by the Department of Correction Director; if found competent, execution proceeds; if found incompetent, the Governor orders appropriate mental health treatment.

  • Suspends executions of pregnant female death row inmates until the inmate is no longer pregnant or has delivered the child.

Legislative Description

Concerning The Competency Of A Person Awaiting Execution For A Capital Offense.

Last Action

Notification that HB1792 is now Act 615

3/29/2019

Committee Referrals

Judiciary3/20/2019
Judiciary3/12/2019

Full Bill Text

No bill text available