Summary of Sub. H.B. No. 81

• Prohibits death sentences for aggravated murder if defendant proves by preponderance of evidence that they had a serious mental illness at time of offense that significantly impaired their rational judgment capacity.

• Defines "serious mental illness" as diagnosis of schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder, or delusional disorder that impaired capacity to conform conduct to law or appreciate nature/consequences of conduct.

• Allows defendants charged with aggravated murder to raise serious mental illness as pretrial matter, with court ordering evaluation and holding hearing where defendant bears burden of proof.

• Provides resentencing mechanism allowing persons previously sentenced to death to petition for relief if they can prove serious mental illness at time of offense, with petition deadline of 365 days after amendment's effective date.

• Requires courts to conduct resentencing hearing if death sentence is voided for serious mental illness, imposing life imprisonment with parole eligibility or indefinite term with 30-year minimum instead of death penalty.