CA SB1001

Codifies that persons with intellectual disability are ineligible for the death penalty and expands the definition of "manifested before the end of the developmental period" to not require formal diagnosis or intellectual functioning tests before that period.

Allows defendants to request a court hearing (without jury) or jury hearing prior to trial to determine intellectual disability when prosecution seeks death penalty; burden of proof is on defendant to establish intellectual disability by preponderance of evidence.

Requires courts to accept stipulations by both parties that a defendant has intellectual disability if supported by documentary evidence, unless court states its factual and legal rationale for declining on the record.

Permits courts to order prosecution expert testing of intellectual functioning only if prosecution demonstrates reasonable factual basis that defendant's testing is unreliable; prosecution must submit proposed test list in advance for defendant's objections.

When jury cannot unanimously agree on whether defendant has intellectual disability, court must enter finding that defendant is ineligible for death penalty rather than declare mistrial.