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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
SB 1239 Death penalty; mental retardation.
Introduced by: Thomas K. Norment, Jr. | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (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. This bill is identical to HB 1923.
FULL TEXT
- 01/08/03 Senate: Presented & ordered printed 038828253 pdf | impact statement
- 01/23/03 Senate: Committee substitute printed 030646508-S1 pdf | impact statements
- 02/18/03 House: Committee substitute printed 030388508-H1 pdf | impact statement
- 02/22/03 Senate: Conference substitute printed 030703508-S2 pdf
- 02/27/03 Senate: Bill text as passed Senate and House (SB1239ER) pdf | impact statement
- 04/02/03 Senate: Reenrolled bill text (SB1239ER2) pdf
- 05/01/03 Governor: Acts of Assembly Chapter text (CHAP1040) pdf
AMENDMENTS
HISTORY
- 01/08/03 Senate: Presented & ordered printed 038828253
- 01/08/03 Senate: Referred to Committee for Courts of Justice
- 01/15/03 Senate: Assigned to C. J. sub-committee: 1
- 01/22/03 Senate: Reported from Courts of Justice w/sub (14-Y 0-N)
- 01/22/03 Senate: Rereferred to Finance
- 01/23/03 Senate: Committee substitute printed 030646508-S1
- 01/28/03 Senate: Reported from Finance (13-Y 0-N)
- 01/28/03 Senate: Rereferred to Courts of Justice
- 02/02/03 Senate: Reported from Courts of Justice (15-Y 0-N)
- 02/03/03 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/03/03 Senate: VOTE: (39-Y 0-N)
- 02/04/03 Senate: Read second time
- 02/04/03 Senate: Reading of substitute waived
- 02/04/03 Senate: Committee substitute agreed to 030646508-S1
- 02/04/03 Senate: Engrossed by Senate - committee substitute 030646508-S1
- 02/04/03 Senate: Emergency clause added
- 02/04/03 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/04/03 Senate: VOTE: (39-Y 0-N)
- 02/04/03 Senate: Passed Senate (40-Y 0-N)
- 02/04/03 Senate: VOTE: (40-Y 0-N)
- 02/04/03 Senate: Communicated to House
- 02/05/03 House: Placed on Calendar
- 02/05/03 House: Read first time
- 02/05/03 House: Referred to Committee for Courts of Justice
- 02/13/03 House: Assigned to C. J. sub-committee: 1
- 02/17/03 House: Reported from C. J. with substitute (21-Y 0-N)
- 02/18/03 House: Committee substitute printed 030388508-H1
- 02/18/03 House: Read second time
- 02/19/03 House: Read third time
- 02/19/03 House: Committee substitute agreed to 030388508-H1 (55-Y 42-N)
- 02/19/03 House: VOTE: ADOPTION (55-Y 42-N)
- 02/19/03 House: Engrossed by House - committee substitute 030388508-H1
- 02/19/03 House: Passed House with substitute (82-Y 15-N)
- 02/19/03 House: VOTE: PASSAGE EMERGENCY (82-Y 15-N)
- 02/20/03 Senate: House substitute rejected by Senate (0-Y 39-N)
- 02/20/03 Senate: VOTE: REJECTED HOUSE AMENDMENT (0-Y 39-N)
- 02/20/03 House: House insisted on substitute
- 02/20/03 House: House requested conference committee
- 02/20/03 Senate: Senate acceded to request (39-Y 0-N)
- 02/20/03 Senate: VOTE: ACCEDE CONF. COMM. (39-Y 0-N)
- 02/20/03 Senate: Conferees appointed by Senate
- 02/20/03 Senate: Senators: Norment, Stolle, Howell
- 02/20/03 House: Conferees appointed by House
- 02/20/03 House: Delegates: Albo, Bell, Almand
- 02/22/03 Senate: Conference substitute printed 030703508-S2
- 02/22/03 Conference: Sub. recommended by conference comm. 030703508-S2
- 02/22/03 Senate: Reading of conference report waived
- 02/22/03 Senate: Conference report agreed to by Senate (37-Y 3-N)
- 02/22/03 Senate: VOTE: CONF. COMMITTEE RPT. (37-Y 3-N)
- 02/22/03 House: Conference report agreed to by House (93-Y 4-N)
- 02/22/03 House: VOTE: ADOPTION EMERGENCY (93-Y 4-N)
- 02/27/03 Senate: Bill text as passed Senate and House (SB1239ER)
- 03/05/03 Senate: Enrolled
- 03/05/03 House: Signed by Speaker
- 03/06/03 Senate: Signed by President
- 03/24/03 Senate: Governor's recommendation received by Senate
- 04/02/03 Senate: Placed on Calendar
- 04/02/03 Senate: Senate rejected Gov's recommendation (17-Y 22-N)
- 04/02/03 Senate: VOTE: REJECTED GOV. RECOMM. (17-Y 22-N)
- 04/02/03 Senate: Rec. of rejected Gov's recommendation (39-Y 0-N)
- 04/02/03 Senate: VOTE: RECONSIDER (39-Y 0-N)
- 04/02/03 Senate: Senate concurred in Gov's recommendations #1-3 (39-Y 0-N)
- 04/02/03 Senate: VOTE: ADOPT GOV. RECOM. 1,2,3 (39-Y 0-N)
- 04/02/03 Senate: Senate rejected Gov's recommendations #4&5 (14-Y 25-N)
- 04/02/03 Senate: VOTE: REJECTED GOV. RECOM. 4,5 (14-Y 25-N)
- 04/02/03 House: Pending question ordered
- 04/02/03 House: House concurred in Gov's recommendations #1-3 (47-Y 44-N)
- 04/02/03 House: VOTE: ADOPTION (47-Y 44-N)
- 04/02/03 House: Reenrolled
- 04/02/03 Senate: Reenrolled bill text (SB1239ER2)
- 04/02/03 House: Signed by Speaker as reenrolled
- 04/02/03 Senate: Signed by President as reenrolled
- 04/02/03 Senate: Communicated to Governor
- 05/01/03 Governor: Approved by Governor-Chapter 1040 (effective 5/1/03)
- 05/01/03 Governor: Acts of Assembly Chapter text (CHAP1040)