PRINTER'S NO. 20
No. 26 Session of 2001
INTRODUCED BY HELFRICK, KUKOVICH, KITCHEN, HUGHES, M. WHITE AND
FUMO, JANUARY 22, 2001
REFERRED TO JUDICIARY, JANUARY 22, 2001
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 9711 of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended by adding subsections to read:
9 § 9711. Sentencing procedure for murder of the first degree.
10 * * *
11 (e.1) Mental retardation.--A sentence of death shall not be
12 imposed upon any person who establishes by a preponderance of
13 the evidence that he was, at the time the offense was committed,
14 a person with mental retardation.
15 * * *
16 (p) Definition.--As used in this section, the term "a person
17 with mental retardation" means an individual who has
18 significantly subaverage intellectual functioning as evidenced
1 by an intelligence quotient of 70 or below on an individually
2 administered intelligence quotient test and impairment in
3 adaptive behavior, and that the mental retardation is manifested
4 before the individual attains 22 years of age.
5 Section 2. This act shall apply to persons who are sentenced
6 on or after the effective date of this act.
7 Section 3. This act shall take effect in 60 days.
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