2002 Legislation
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HOUSE BILL NO. 629 – Death pnlty, mentally retarded prsn

HOUSE BILL NO. 629

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Daily Data Tracking History



H0629................................by JUDICIARY, RULES AND ADMINISTRATION
DEATH PENALTY - MENTALLY RETARDED PERSON - Adds to existing law to prohibit
the imposition of the death penalty upon a mentally retarded person.
                                                                        
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 629
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEATH PENALTY; AMENDING CHAPTER 25, TITLE 19, IDAHO  CODE,  BY
  3        THE ADDITION OF A NEW SECTION 19-2515A, IDAHO CODE, TO PROHIBIT IMPOSITION
  4        OF THE DEATH PENALTY UPON A MENTALLY RETARDED PERSON.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Chapter  25,  Title 19, Idaho Code, be, and the same is
  7    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  8    ignated as Section 19-2515A, Idaho Code, and to read as follows:
                                                                        
  9        19-2515A.    IMPOSITION  OF DEATH PENALTY UPON MENTALLY RETARDED PERSON --
 10    PROHIBITED. (1) As used in this section:
 11        (a)  "Defendant" includes an adult, or a minor under the age  of  eighteen
 12        (18) years who is tried as an adult.
 13        (b)  "Mentally  retarded"  shall  mean  substantial limitations in present
 14        functioning characterized by significantly subaverage  intellectual  func-
 15        tioning, existing concurrently with related limitations in two (2) or more
 16        of  the  following  applicable  adaptive skill areas: communication, self-
 17        care, home living, social skills, community  use,  self-direction,  health
 18        and  safety,  functional academics, leisure, and work, which is manifested
 19        before age eighteen (18) years.
 20        (2)  Notwithstanding any other provision of law, the death  penalty  shall
 21    not be carried out upon any person who is mentally retarded.
 22        (3)  In  any  case  in which the state has provided notice of an intent to
 23    seek the death penalty pursuant to section 18-4004A, Idaho Code, the defendant
 24    may, at a reasonable time prior to the commencement of the trial, apply for an
 25    order directing that a mental retardation  hearing  be  conducted.  The  court
 26    shall  promptly  conduct  a  hearing  without  a jury to determine whether the
 27    defendant is mentally retarded. If the court finds, by a preponderance of  the
 28    evidence, that the defendant is mentally retarded, it shall preclude the death
 29    penalty  and trial thereafter shall be conducted as in any other case in which
 30    the sentence of death is not sought by the state.
 31        (4)  Nothing in this section is intended to alter or change  the  applica-
 32    tion  of  any rule of evidence or to limit or extend the right of any party to
 33    assert any claim or defense otherwise available to that party.
 34        (5)  In any case in which the defendant was sentenced to  death  prior  to
 35    enactment  of  this  section, the defendant shall have the right to invoke the
 36    protections of this section through a  petition  for  post-conviction  relief,
 37    which  shall be considered on the merits. If a court finds, by a preponderance
 38    of the evidence, that the defendant is mentally retarded as  defined  by  this
 39    section,  the  death  sentence  shall  be  vacated  and the defendant shall be
 40    resentenced to confinement in the state prison for life without the  possibil-
 41    ity of parole.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
                             RS 11896

The laws that permit the death penalty require that punishment by 
death be reserved for the select few individuals who are the most 
culpable, the most deserving of such ultimate and irreversible
punishment. Two essential ingredients of any defendant's moral 
culpability are his level of intellectual functioning and his 
capacity to control and appreciate the wrongfulness of his behavior. 
In both respects, a person with mental retardation is inherently 
less culpable than his unimpaired counterparts. Mental retardation 
is a severe and permanent mental impairment that affects almost 
every aspect of a mentally retarded person's life. Because of the 
diminished mental capacity and impaired moral reasoning caused by 
mental retardation, mentally retarded individuals can never fully 
be in the class of "most culpable" and therefore deserving of the 
death penalty.

This bill would prohibit imposition or execution of the death 
penalty upon any person who has been determined to be mentally 
retarded. This bill would define the term "mentally retarded" and 
would provide that a defendant in any case in which the prosecution 
has given notice of an intent to seek the death penalty may apply 
for an order directing that a mental retardation hearing be held. 
This bill also provides that a defendant with mental retardation 
currently under sentence of death may petition for post-conviction 
relief and be re-sentenced to confinement in the state prison for 
life without the possibility of parole.



                            FISCAL IMPACT

Every serious study of the cost of capital punishment has concluded 
that it is significantly more expensive than life in prison without 
the possibility of parole. Capital cases are more complex; 
require more attention and have higher burdens associated with them. 
As such, they divert significant resources- fiscal and personnel- 
that could be used elsewhere.

The most comprehensive study in the country found that the death 
penalty costs North Carolina $2.16 million per execution over the 
costs of a non-death penalty murder case ending with a sentence of 
imprisonment for life. The extra costs associated only with the 
death penalty were estimated to cost North Carolina $4 million 
per year (Duke University, May, 1993).


Contact
Name: David Bieter
Phone: 332-1132
Name: Marty Durand
Phone: 344-5243


STATEMENT OF PURPOSE/FISCAL NOTE                H 629