IN HB1432

Requires courts to appoint 2-3 psychiatrists, psychologists, or physicians with expertise in intellectual disabilities to examine defendants in death penalty cases after the state files charges seeking a death sentence

Defendants must file a petition alleging intellectual disability within 30 days of receiving all evaluations; if no petition is filed, the evaluations remain privileged and inadmissible at trial

Defendant bears the burden of proving intellectual disability by clear and convincing evidence, demonstrating significantly subaverage intellectual functioning, substantially impaired adaptive behavior, and onset before age 22

Court must determine whether the defendant has an intellectual disability before trial, with articulated findings supporting the determination

Effective July 1, 2026; passed Committee on Courts and Criminal Code with a 13-0 vote