HB0612113th GA (Historical)Introduced

Amends TCA Title 39, Chapter 13, Part 2.

Present law prohibits a defendant with an intellectual disability at the time of committing first degree murder from being sentenced to death. "Intellectual disability" is defined as significantly subaverage general intellectual functioning; deficits in adaptive behavior; and an intellectual disability that manifested during the developmental period, or by 18 years of age.<br /> <br /> Present law authorizes a defendant who has been sentenced to the death penalty prior to May 11, 2021, and whose conviction is final on direct review to petition the trial court for a determination of whether the defendant is intellectually disabled.<br /> <br /> This bill would add to the present law that, if an order is issued requiring a determination as described above to be paid on behalf of a petitioner, then the payment must be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment must be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the expert, which must set forth the name of the petitioner, the amount of the bill, and the name and address of the expert to which payment is to be made.<br />

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Overview

Present law prohibits a defendant with an intellectual disability at the time of committing first degree murder from being sentenced to death. "Intellectual disability" is defined as significantly subaverage general intellectual functioning; deficits in adaptive behavior; and an intellectual disability that manifested during the developmental period, or by 18 years of age.<br /> <br /> Present law authorizes a defendant who has been sentenced to the death penalty prior to May 11, 2021, and whose conviction is final on direct review to petition the trial court for a determination of whether the defendant is intellectually disabled.<br /> <br /> This bill would add to the present law that, if an order is issued requiring a determination as described above to be paid on behalf of a petitioner, then the payment must be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment must be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the expert, which must set forth the name of the petitioner, the amount of the bill, and the name and address of the expert to which payment is to be made.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 26, 2023

Subjects
06401108

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