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AZ SB1192
Bill
Status
1/28/2019
Primary Sponsor
Juan Mendez
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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