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AR HB1914
Bill
Status
10/15/2021
Primary Sponsor
Vivian Flowers
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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