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2016 SESSION

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HB 794 Death penalty; severe mental illness.

Introduced by: James A. "Jay" Leftwich | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Death penalty; severe mental illness. Provides that a defendant in a capital case who had a severe mental illness, which is defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. When the defendant's severe mental illness is at issue, a determination will be made by the jury, or by the judge in a bench trial, as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence.


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