House of Representatives

SB 1305

capital defendants; mental evaluations

Sponsor: Senator Huppenthal

DP	Committee on Judiciary
X	Caucus and COW
	As Engrossed and As Passed the House

SB 1305 permits the defendant to object to an initial intelligence prescreening evaluation in a criminal case where the state seeks the death penalty. 

History

A.R.S. § 13-703.02 provides that if the state files notice of the intent to seek the death penalty, a prescreening psychological expert will be appointed by the court to determine the defendant’s intelligence quotient (IQ). 

- If the prescreening psychological expert finds the defendant’s IQ to be more than 75, the intent to seek the death penalty will not be dismissed on the grounds that the defendant has mental retardation. 

- If the prescreening psychological expert finds the defendant’s IQ to be less than 75, the state and the defendant will nominate three psychological experts or jointly nominate one psychological expert. 

Ø The trial court will then appoint one psychological expert nominated by the state and one by the defendant, or one nominated by both the defendant and the state to examine the mental capacity of the defendant. 

Ø The appointed psychological expert(s) will determine whether the defendant has mental retardation by examining the defendant using current community, nationally, and culturally accepted physical, developmental, psychological and intelligence testing procedures. 

- The prescreening psychological expert’s findings do not limit the defendant from submitting evidence of the defendant’s mental retardation or diminishing mental capacity. 

Before the criminal trial, the trial court holds a hearing to determine the defendant’s mental capacity.  The defendant has the burden of proving mental retardation by clear and convincing evidence. 

- If the trial court determines the defendant has mental retardation, the trial court dismisses the intent to seek the death penalty. 

- If the trial court determines the defendant does not have mental retardation, the defendant is not prevented from introducing evidence of the defendant’s mental retardation or diminishing mental capacity at the penalty phase of the sentencing proceeding. 

A.R.S. § 13-703.02 defines prescreening psychological expert and a psychological expert as a licensed psychologist with at least two years experience in the testing, evaluating and diagnosis of mental retardation. 

Provisions

· Allows the defendant to object to the court appointing a prescreening psychological expert to determine the defendant’s IQ if the state intended to seek the death penalty.

- If the defendant objects, the defendant waives the defendant’s right to a pretrial determination of mental retardation statutes. 

- The waiver does not preclude the defendant from offering evidence of the defendant’s mental retardation in the penalty phase.   

· Eliminates the requirement for the trial court to appoint additional psychological experts to independently determine whether a defendant has mental retardation when the prescreening psychological expert determines the defendant’s IQ to be 75 or less.

· Designates that an expert in mental retardation instead of a psychological expert will be appointed by the court to determine whether the defendant has mental retardation if the prescreening psychologist finds the defendant’s IQ to be less than 75.

· Defines expert in mental retardation as a licensed psychologist or physician with at least five years experience in the testing, evaluation and diagnosis of mental retardation. 

· Modifies the definition of prescreening psychological expert or psychological expert by:

- Requiring at least five years experience in testing, evaluation and diagnosis of mental retardation, rather than two.

- Striking psychological expert as a defined term.   

· Makes technical and conforming changes.

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Forty-seventh Legislature

Second Regular Session          2          March 16, 2006

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