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- Subject Index: Since 1995
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2003 SESSION
HB 1923 Death penalty; mental retardation.
Introduced by: James F. Almand; Resigned 8/03 | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Death penalty; mental retardation. Establishes procedures for determining whether a defendant in a capital case is mentally retarded and may not be sentenced to death. In June the United States Supreme Court in Atkins v. Virginia, 536 U.S.___ (2002) held that the execution of a mentally retarded person is cruel and unusual punishment prohibited by the Eighth Amendment. This bill defines mental retardation, sets procedures for determining whether a defendant meets the definition and provides for the appointment of expert evaluators. When mental retardation is at issue, a determination will be made by the jury (or judge in bench trials) as part of the sentencing proceeding. The defendant bears the burden of proving mental retardation by a preponderance of the evidence. The bill establishes a procedure for defendants sentenced to death prior to the effective date of the bill to raise the issue of mental retardation. The majority of this bill was drafted by a subcommittee of the Crime Commission and the bill, as introduced, was a recommendation of the Commission. This bill is identical to SB 1239.
FULL TEXT
- 01/08/03 House: Pres. & ord. printed w/emg. clause pref.01/07/03 030622228 pdf | impact statements
- 02/03/03 House: Printed as engrossed 030622228-E pdf | impact statements
- 02/22/03 House: Conference substitute printed 030695608-H1 pdf
- 02/27/03 House: Bill text as passed House and Senate (HB1923ER) pdf | impact statement
- 04/29/03 Governor: Acts of Assembly Chapter text (CHAP1031) pdf
AMENDMENTS
- House amendments
- Senate amendments
- Senate amendments engrossed
- Conference amendments
- Governor's recommendation
HISTORY
- 01/08/03 House: Pres. & ord. printed w/emg. clause pref.01/07/03 030622228
- 01/08/03 House: Referred to Committee for Courts of Justice
- 01/30/03 House: Assigned to C. J. sub-committee: 1
- 01/31/03 House: Reported from C. J. with amendments (21-Y 0-N)
- 02/01/03 House: Read first time
- 02/03/03 House: Read second time
- 02/03/03 House: Committee amendments No. 1,2,3,4,6,7 agreed to
- 02/03/03 House: Title replaced
- 02/03/03 House: Pending question ordered
- 02/03/03 House: Committee amendment No. 5 agreed to
- 02/03/03 House: Engrossed by House as amended
- 02/03/03 House: Printed as engrossed 030622228-E
- 02/04/03 House: Read third time and passed House (94-Y 5-N)
- 02/04/03 House: VOTE: PASSAGE EMERGENCY (94-Y 5-N)
- 02/04/03 House: Communicated to Senate
- 02/05/03 Senate: Constitutional reading dispensed
- 02/05/03 Senate: Referred to Committee for Courts of Justice
- 02/10/03 Senate: Reported from Courts of Justice w/amds (12-Y 0-N)
- 02/11/03 Senate: Const. reading disp., passed by for the day (40-Y 0-N)
- 02/11/03 Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
- 02/12/03 Senate: Read third time
- 02/12/03 Senate: Reading of amendments waived
- 02/12/03 Senate: Committee amendments agreed to
- 02/12/03 Senate: Engrossed by Senate as amended
- 02/12/03 Senate: Passed Senate with amendments (40-Y 0-N)
- 02/12/03 Senate: VOTE: PASSAGE R (40-Y 0-N)
- 02/13/03 House: Placed on Calendar
- 02/14/03 House: Senate amendments rejected by House (49-Y 49-N)
- 02/14/03 House: VOTE: REJECTED (49-Y 49-N)
- 02/20/03 Senate: Senate insisted on amendments (38-Y 0-N)
- 02/20/03 Senate: VOTE: INSIST & REQUEST (38-Y 0-N)
- 02/20/03 Senate: Senate requested conference committee
- 02/20/03 House: House acceded to request
- 02/20/03 House: Conferees appointed by House
- 02/20/03 House: Delegates: Albo, Bell, Almand
- 02/20/03 Senate: Conferees appointed by Senate
- 02/20/03 Senate: Senators: Norment, Stolle, Howell
- 02/22/03 House: Conference substitute printed 030695608-H1
- 02/22/03 House: Conference report agreed to by House (93-Y 2-N)
- 02/22/03 House: VOTE: ADOPTION EMERGENCY (93-Y 2-N)
- 02/22/03 Senate: Reading of conference report waived
- 02/22/03 Senate: Conference report agreed to by Senate (35-Y 4-N)
- 02/22/03 Senate: VOTE: CONF. COMMITTEE RPT. (35-Y 4-N)
- 02/27/03 House: Bill text as passed House and Senate (HB1923ER)
- 03/05/03 House: Enrolled
- 03/05/03 House: Signed by Speaker
- 03/06/03 Senate: Signed by President
- 03/24/03 House: Governor's recommendation received by House
- 04/02/03 House: Placed on Calendar
- 04/02/03 House: House rejected Gov's recommendation #1-3 (41-Y 59-N)
- 04/02/03 House: VOTE: REJECTED (41-Y 59-N)
- 04/02/03 House: House rejected Gov's recommendation #4,5 (32-Y 68-N)
- 04/02/03 House: VOTE: REJECTED (32-Y 68-N)
- 04/02/03 House: Communicated to Governor
- 04/29/03 Governor: Approved by Governor-Chapter 1031 (effective 4/29/03)
- 04/29/03 Governor: Acts of Assembly Chapter text (CHAP1031)