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AR HB1914

Bill

Status

Failed

10/15/2021

Primary Sponsor

Vivian Flowers

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

  • Establishes that defendants charged with capital offenses may petition the trial court to prove they have a serious mental illness as a bar to death penalty sentencing.

  • Defines "serious mental illness" as one or more of the following diagnosed conditions: schizophrenia spectrum and other psychotic disorders, bipolar disorder, major depressive disorder, delusional disorder, post-traumatic stress disorder, or disorders resulting from traumatic brain injury.

  • Requires the trial court to appoint two licensed psychiatrists or psychologists to evaluate the defendant and provide written reports on whether the defendant has a serious mental illness.

  • Mandates the trial court conduct a hearing where the defendant must prove by preponderance of the evidence that they have a serious mental illness, with the court issuing written findings within 30 days.

  • Prohibits the state from seeking the death penalty if the court determines the defendant has a serious mental illness, but allows prosecution to seek life imprisonment without parole instead.

Legislative Description

Concerning The Imposition Of The Death Penalty On A Defendant With A Serious Mental Illness.

Last Action

Died in House Committee at Sine Die Adjournment

10/15/2021

Committee Referrals

Judiciary4/12/2021

Full Bill Text

No bill text available