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For Immediate Release
October 18, 2011
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White's Capital Punishment Bill Approved by Senate
Prohibits execution of persons with mental retardation, as determined by
pretrial hearing.
Harrisburg – The Senate today approved legislation sponsored by Sen. Mary Jo
White (R-21) to establish a pretrial procedure to determine if a defendant in a
capital penalty trial is a person with mental retardation.
A version of
Senate Bill 397 has passed the Senate overwhelmingly in three prior
legislative sessions, but has yet to receive final passage. The measure now goes
to the House of Representatives for consideration.
Senator White has introduced the measures since the U.S. Supreme Court ruled
in 2002 that applying the death penalty to persons with mental retardation is
unconstitutional. The court left it up to states to determine how to implement
the decision.
"While these cases are somewhat rare, the question at the heart of them is
profound," said White. "For nearly a decade, our courts have been looking to the
Legislature to provide guidance. I hope that this is the session where we
provide it."
Under Senate Bill 397, counsel for a defendant in a capital case can request
a hearing prior to trial to determine if the defendant is not eligible for the
death penalty due to mental retardation. The burden of proof would be on the
defendant. If the trial judge finds for the defense, the trial would proceed as
a noncapital trial.
The bill also provides a similar procedure for a defendant already sentenced
to death with appeals pending. The bill's definition of "a person with mental
retardation" is based on one used by the American Association of Mental
Retardation: an individual who has a mental disability which was present before
the age of 18 and characterized by significant limitations in intellectual
functioning and in adaptive behavior as expressed in conceptual, social and
practical adaptive skills.
CONTACT:
Leigh Ramsey
lramsey@pasen.gov
(717) 787-9684 | 
