House Bill 165 - Extreme Crimes Protection Act

• Requires jury unanimity and proof beyond a reasonable doubt to establish: (1) at least one statutory aggravating circumstance exists; (2) which specific aggravating circumstances apply; and (3) that aggravating circumstances outweigh mitigating circumstances before imposing a death sentence, ensuring compliance with U.S. Supreme Court rulings in Hurst v. Florida and Rauf v. State.

• Prohibits death penalty sentencing for defendants convicted under a "guilty, but mentally ill" verdict as defined in Title 11 § 401.

• Adopts the term "intellectual disability" from Hall v. Florida and Atkins v. Virginia standards, requiring defendants to prove by clear and convincing evidence they had an intellectual disability at the time of the crime, which mandates life imprisonment without parole instead of death penalty.

• Narrows statutory aggravating circumstances for violent felony convictions and murders committed during other enumerated felonies, consolidates duplicate circumstances, and clarifies the scope of applicable aggravating factors.

• Requires courts to obtain jury findings on specific aggravating circumstances alleged by the State and to make written findings explaining any decision that differs from a jury's sentencing recommendation.