PRINTER'S NO. 678
No. 576 Session of 2003
INTRODUCED BY FAIRCHILD, EACHUS, ADOLPH, BALDWIN, BEBKO-JONES,
BELFANTI, BISHOP, BUNT, BUXTON, CAWLEY, CORRIGAN, CRAHALLA,
CREIGHTON, CRUZ, CURRY, FRANKEL, FREEMAN, GEIST, GEORGE,
GORDNER, HARHAI, HENNESSEY, HERMAN, HORSEY, HUTCHINSON,
JAMES, JOSEPHS, KENNEY, LAUGHLIN, LEACH, LEDERER, LEVDANSKY,
MANDERINO, MANN, McCALL, MELIO, MUNDY, MYERS, NAILOR,
PISTELLA, ROBERTS, ROEBUCK, ROSS, RUBLEY, R. STEVENSON,
T. STEVENSON, STURLA, SURRA, TANGRETTI, E. Z. TAYLOR, THOMAS,
TIGUE, VANCE, WALKO AND YOUNGBLOOD, MARCH 3, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, prohibiting the
3 imposition of the death sentence in cases of mental
4 retardation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9545(b)(1) of Title 42 of the
8 Pennsylvania Consolidated Statutes is amended to read:
9 § 9545. Jurisdiction and proceedings.
10 * * *
11 (b) Time for filing petition.--
12 (1) Any petition under this subchapter, including a
13 second or subsequent petition, shall be filed within one year
14 of the date the judgment becomes final, unless the petition
15 alleges and the petitioner proves that:
1 (i) the failure to raise the claim previously was
2 the result of interference by government officials with
3 the presentation of the claim in violation of the
4 Constitution or laws of this Commonwealth or the
5 Constitution or laws of the United States;
6 (ii) the facts upon which the claim is predicated
7 were unknown to the petitioner and could not have been
8 ascertained by the exercise of due diligence; [or]
9 (iii) the right asserted is a constitutional right
10 that was recognized by the Supreme Court of the United
11 States or the Supreme Court of Pennsylvania after the
12 time period provided in this section and has been held by
13 that court to apply retroactively[.]; or
14 (iv) the petitioner claims he is a person with
15 mental retardation as defined in section 9711(p)
16 (relating to sentencing procedure for murder of the first
17 degree) and the time for raising that claim has expired
18 as of the effective date of this subparagraph. Any
19 petition invoking this exception must be filed within 365
20 days of the effective date of this subparagraph.
21 * * *
22 Section 2. Sections 9546 and 9711 of Title 42 are amended by
23 adding subsections to read:
24 § 9546. Relief and order.
25 * * *
26 (a.1) Mental retardation.--Upon a finding that evidence has
27 been presented that is sufficient to establish, by a
28 preponderance of the evidence, that the petitioner is a person
29 with mental retardation as defined in section 9711(p) (relating
30 to sentencing procedure for murder of the first degree), the
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1 court shall direct that the sentence of death be vacated and
2 that the defendant be sentenced to life imprisonment.
3 * * *
4 § 9711. Sentencing procedure for murder of the first degree.
5 * * *
6 (e.1) Mental retardation.--
7 (1) No person with mental retardation shall be eligible
8 for the death penalty.
9 (2) (i) If counsel in a capital case has a good faith
10 belief that the defendant is a person with mental
11 retardation, counsel shall file a motion, supported by an
12 appropriate offer of proof, with the court requesting a
13 finding that the defendant is not eligible for the death
14 penalty because he is a person with mental retardation.
15 (ii) Upon receipt of a motion for a determination
16 that the defendant is not eligible for the death penalty
17 because he is a person with mental retardation, the trial
18 court shall conduct a hearing for the presentation of
19 evidence regarding the defendant's mental retardation.
20 Both the Commonwealth and the defendant shall have the
21 opportunity to present evidence, including expert
22 testimony. The defendant shall have the burden of proof
23 to determine mental retardation.
24 (iii) The court shall find that the defendant is not
25 eligible for the death penalty, if it finds, by a
26 preponderance of the evidence, that the defendant is a
27 person with mental retardation. If the court finds that
28 the defendant is a person with mental retardation, the
29 trial shall proceed as a noncapital trial.
30 (iv) If the court finds that the defendant is
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1 eligible for the death penalty, the trial may proceed as
2 a capital case.
3 (v) The pretrial determination of the court shall
4 not preclude the defendant from raising any legal defense
5 during the trial.
6 (vi) The jury shall not be informed of the prior
7 proceedings or the court's findings concerning the
8 defendant's motion with respect to the issue of mental
9 retardation.
10 (vii) If a capital trial results in a verdict of
11 guilty of murder of the first degree, the parties may
12 present evidence to the jury on the issue of mental
13 retardation.
14 (viii) If the defendant presents evidence and
15 arguments regarding mental retardation, the court shall
16 submit a special question to the jury as to whether the
17 defendant is a person with mental retardation as defined
18 in this section. Once the issue of mental retardation is
19 raised, the Commonwealth has the burden of disproving it
20 beyond a reasonable doubt.
21 (ix) The special question shall be considered and
22 answered by the jury prior to the consideration of
23 aggravating and mitigating factors and the determination
24 of sentence. If the jury determines that the defendant is
25 a person with mental retardation, the court shall
26 sentence the defendant to life imprisonment.
27 (x) If the jury unanimously determines that the
28 defendant is not a person with mental retardation as
29 defined by this section, the jury may then consider any
30 evidence of mental retardation presented during the
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1 sentencing hearing in determining aggravating and
2 mitigating factors and the defendant's sentence.
3 (3) (i) If a defendant has already been sentenced to
4 death as of the effective date of this subsection and
5 postsentence motions are still pending or a direct appeal
6 is still pending, a defendant may file a motion raising a
7 claim that he is ineligible for a death sentence because
8 he is a person with mental retardation and the trial
9 court that imposed the sentence on the defendant shall
10 conduct an evidentiary hearing on the motion and
11 determine whether the defendant is a person with mental
12 retardation as defined in section 9711(p) (relating to
13 sentencing procedure for murder of the first degree).
14 (ii) If a defendant has been convicted of murder of
15 the first degree and sentenced to death and is in custody
16 awaiting execution of the sentence of death as of the
17 effective date of this subsection, a defendant may file a
18 petition under Subchapter B of Chapter 95 (relating to
19 post conviction relief), seeking appropriate relief from
20 the sentence of death on the grounds that he is a person
21 with mental retardation as defined in section 9711(p)
22 within 365 days of the effective date of this subsection.
23 * * *
24 (p) Definition.--As used in this section, the term "a person
25 with mental retardation" means an individual who has
26 significantly subaverage intellectual functioning as evidenced
27 by an intelligence quotient of 70 or below on an individually
28 administered intelligence quotient test and significant
29 impairment in adaptive behavior, and that the mental retardation
30 is manifested before the individual attains 18 years of age.
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1 Section 3. This act shall apply to persons who are sentenced
2 on or after the effective date of this act.
3 Section 4. This act shall take effect in 60 days.
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