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AZ SB1192

Bill

Status

Introduced

1/28/2019

Primary Sponsor

Juan Mendez

Click for details

Origin

Senate

Fifty-fourth Legislature - First Regular Session (2019)

AI Summary

  • Adds serious mental illness as a bar to capital punishment, prohibiting death sentences for defendants found to have had serious mental illness at the time of the offense.

  • Requires courts to appoint a prescreening psychological expert to evaluate whether a capital defendant had serious mental illness or has an intellectual disability before trial.

  • Establishes that serious mental illness includes active symptoms of schizophrenia, bipolar disorder, major depression, delusional disorder, PTSD, or traumatic brain injury that substantially impair the defendant's capacity to appreciate consequences or exercise rational judgment.

  • Mandates a pretrial hearing where the defendant must prove serious mental illness or intellectual disability by clear and convincing evidence; if proven, the court must dismiss the death penalty notice and impose life or natural life sentence instead.

  • Allows either party to appeal the trial court's mental illness or intellectual disability determination to the Arizona Court of Appeals within ten days.

Legislative Description

Death penalty; serious mental illness

Assessment

Last Action

Senate read second time

1/29/2019

Full Bill Text

No bill text available