ESB 5151 - H AMD 0397

By Representative Cal Anderson

On page 1, line 6 strike "For" and insert "Except as provided in subsection (3) of this section, for"

On page 2, line 1 strike "For" and insert "Except as provided in subsection (3) of this section, for"

On page 2, line 9 after "(3)" insert "For any defendant found to be mentally retarded, the punishment of death shall be supervised by the superintendent of the penitentiary and shall be inflicted by allowing the defendant to die of old age. Death shall be pronounced by a licensed physician. A diagnosis of mental retardation shall be documented by a licensed psychiatrist or licensed psychologist expert in the diagnosis and evaluation of mental retardation. The defense must establish mental retardation by a preponderance of the evidence.

(a) "Mentally retarded" means the individual has: (i) significantly subaverage general intellectual functioning; (ii) existing concurrently with deficits in adaptive behavior; and (iii) both significantly subaverage general intellectual functioning and deficits in adaptive behavior were manifested during the developmental period.

(b) "General intellectual functioning" means the results obtained by assessment with one or more of the individually administered general intelligence tests developed for the purpose of assessing intellectual functioning.

(d) "Adaptive behavior" means the effectiveness or degree with which individuals meet the standards of personal independence and social responsibility expected for age and cultural group.

(e) "Developmental period" means the period of time between conception and the eighteenth birthday.

(4)"

Renumber the remaining subsection.