Amends TCA Title 39 and Title 40.

Under this bill, a defendant suffering from a serious mental illness at the time of committing an offense will not be eligible for the death penalty. This bill provides that the diagnosis of a defendant with schizophrenia, schizoaffective disorder, bipolar disorder, delusional disorder, or post-traumatic stress disorder may be made at any time prior to, on, or after the day of the alleged offense, including after the defendant raises the matter of the defendant's serious mental illness. Diagnosis of the condition or conditions after the date of the alleged offense will not preclude the defendant from presenting evidence that the defendant had a serious mental illness at the time of the alleged commission of that offense. Under this bill, a defendant who has been charged with first degree murder and received notice that the state intends to seek the death penalty may, before trial, raise the matter of the defendant's serious mental illness. If the defendant raises the matter of the defendant's serious mental illness, the court will order an evaluation of the defendant and hold a pretrial hearing on the matter. The defendant may present evidence that the defendant had a serious mental illness at the time of the alleged commission of the offense. The defendant will have the burden of raising that matter and of going forward with the evidence relating to the diagnosis and impairment described in this bill. If the defendant submits evidence that the defendant had a serious mental illness, the prosecution will have an opportunity to present evidence to contest the diagnosis. The defendant will have the burden of proving, by a preponderance of the evidence, that the defendant has or had a serious mental illness. If, at the time the defendant raises the matter of the defendant's serious mental illness, the defendant has or had an evaluation performed other than pursuant to a court order issued under this bill, the defendant must provide the results of the evaluation to the prosecution at least 30 days prior to the hearing. If the defendant does not provide the results of the evaluation to the prosecution at least 30 days prior to the pretrial hearing, absent good cause, the results of the evaluation are inadmissible at the hearing. If the court finds that the defendant has not proven, by a preponderance of the evidence, that the defendant had a serious mental illness, the court will issue a finding that the defendant is eligible for a sentence of death. If the court finds that the defendant has proven, by a preponderance of the evidence, that the defendant had a serious mental illness, the court will issue a finding that the defendant is ineligible for a sentence of death due to serious mental illness. If the defendant raises the matter of the defendant's serious mental illness, the court will order an evaluation of the defendant. If the defendant refuses to submit to an evaluation, the court will issue a finding that the defendant is eligible for a sentence of death. Any statement relating to the defendant's serious mental illness at the time of the alleged offense that the defendant makes during an evaluation or a pretrial hearing ordered pursuant to this bill will not be used as evidence of the defendant's guilt in any criminal proceeding, but, in a criminal proceeding, the prosecutor or defense counsel may call as a witness any examiner who evaluated the defendant or prepared a report pursuant to a referral under this bill. Neither the appointment nor the testimony of an examiner in an evaluation ordered under these provisions will preclude the prosecutor or defense counsel from calling other witnesses or presenting other evidence on the issue of the defendant's serious mental illness or on competency or insanity issues. This bill provides that a defendant's pleading of not guilty by reason of insanity or incompetence to stand trial, or a finding after such a plea that the defendant is not insane or that the defendant is competent to stand trial, will not preclude the defendant from raising the matter of the defendant's serious mental illness pursuant to this bill and, if raised, will not limit or affect any of the procedures described in this bill or the authority of a court to make any finding described in this bill. Under this bill, an offender who was sentenced to death prior to July 1, 2022, may file a petition with the court in which the offender was sentenced to assert that the offender had a serious mental illness at the time of the offense. Upon receiving the petition, the court will order an evaluation of the offender and hold a hearing, in the manner provided by this bill. If the court determines that the offender had a serious mental illness and is ineligible for a sentence of death, the court will declare the offender's sentence void and resentence the offender to life imprisonment without the possibility of parole. The offender will bear the burden of proof. For purposes of this bill, a defendant has a "serious mental illness" if: (1) The defendant has been diagnosed with schizophrenia, schizoaffective disorder, bipolar disorder, delusional disorder, or post-traumatic stress disorder; and (2) At the time of the defendant's alleged offense, the condition or conditions described in (1), while not meeting the standard to be found not guilty by reason of insanity, or the standard to be found incompetent to stand trial, significantly impaired the defendant's capacity to exercise rational judgment in relation to the defendant's conduct with respect to: conforming the defendant's conduct to the requirements of law; or appreciating the nature, consequences, or wrongfulness of the defendant's conduct.