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CA AB2512

Bill

Status

Passed

9/30/2020

Primary Sponsor

Mark Stone

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Changes the definition of "intellectual disability" to include conditions manifesting before the end of the developmental period, as defined by clinical standards, rather than only before age 18.

  • Prohibits adjusting or changing intellectual functioning test results based on race, ethnicity, national origin, or socioeconomic status.

  • Requires courts to order a hearing on intellectual disability upon a prima facie showing of the condition, rather than only upon submission of a qualified expert declaration.

  • Permits persons under death sentences to apply for intellectual disability hearings as part of habeas corpus petitions, with the petitioner bearing the burden of proof by preponderance of the evidence.

  • Allows expert testimony regarding out-of-court statements and documentary evidence relevant to intellectual disability diagnosis during evidentiary hearings in habeas corpus proceedings.

Legislative Description

Death penalty: person with an intellectual disability.

Last Action

Chaptered by Secretary of State - Chapter 331, Statutes of 2020.

9/30/2020

Committee Referrals

Public Safety7/1/2020
Rules6/16/2020
Public Safety2/27/2020

Full Bill Text

No bill text available