HB1495 Summary

• Requires courts to hold a hearing no later than 90 days before trial of a first degree murder defendant to determine whether probable cause exists for one or more aggravating factors related to death penalty eligibility.

• Mandates courts to decertify cases as death penalty cases and prohibit the State from proceeding to sentencing eligibility hearings if probable cause for aggravating factors is not found.

• Allows the State to appeal decertification decisions and requires courts to issue written findings when decertifying cases.

• Permits cases to proceed to the sentencing eligibility phase only if the court does not decertify the case as a death penalty case after the defendant is found guilty.

• Takes effect immediately upon becoming law.