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AZ SB1474
Bill
Status
2/2/2023
Primary Sponsor
Juan Mendez
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AI Summary
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Adds "serious mental illness" as a basis to prohibit death penalty sentencing, alongside existing intellectual disability protections in Arizona law.
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Requires courts to appoint psychological experts to evaluate defendants for serious mental illness at the time of the offense, using the same prescreening and expert evaluation procedures already established for intellectual disability determinations.
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Defines "serious mental illness" as active symptoms of specified disorders (schizophrenia, bipolar disorder, major depression, delusional disorder, PTSD, traumatic brain injury) that substantially impair the defendant's capacity to appreciate conduct consequences, exercise rational judgment, or conform conduct to law.
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Shifts burden to defendant to prove serious mental illness by clear and convincing evidence at a pretrial hearing; if proven, court must dismiss the death penalty notice and impose life or natural life sentence instead.
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Protects statements made during mental illness evaluations from admission in guilt-phase proceedings, though examiners may be called as witnesses by either party.
Legislative Description
Death penalty serious mental illness
Definitions
Last Action
Senate read second time
2/9/2023