BILL NUMBER: SB 3 CHAPTERED
BILL TEXT
CHAPTER 700
FILED WITH SECRETARY OF STATE OCTOBER 9, 2003
APPROVED BY GOVERNOR OCTOBER 8, 2003
PASSED THE SENATE SEPTEMBER 9, 2003
PASSED THE ASSEMBLY SEPTEMBER 8, 2003
AMENDED IN ASSEMBLY SEPTEMBER 3, 2003
AMENDED IN ASSEMBLY JUNE 26, 2003
AMENDED IN SENATE JANUARY 9, 2003
INTRODUCED BY Senator Burton
(Principal coauthor: Senator Vasconcellos)
(Coauthors: Senators Perata, Romero, Scott, and Sher)
(Coauthors: Assembly Members Hancock, Leno, Nation, and
Steinberg)
DECEMBER 2, 2002
An act to add Section 1376 to the Penal Code, relating to the
death penalty.
LEGISLATIVE COUNSEL'S DIGEST
SB 3, Burton. Death penalty: mental retardation.
Existing law, added by an initiative statute, provides that the
penalty for a defendant who is found guilty of murder in the first
degree, where special circumstances exist, is death or imprisonment
in the state prison for life. In determining the penalty to be
imposed, the trier of fact is required to take into account whether,
as a result of mental defect, the defendant had the capability to
appreciate the criminality of his or her conduct or to conform that
conduct to the requirements of the law, if this is relevant. A
recent decision of the United States Supreme Court has held that the
imposition of the death penalty on a mentally retarded person is
prohibited by the United States Constitution.
This bill would define the term "mentally retarded" and would
provide that a defendant in any case in which the prosecution seeks
the death penalty may apply for an order directing that a mental
retardation hearing be held. This bill would require a court to
order a hearing to determine whether a defendant is mentally retarded
upon submission of a declaration by a qualified expert opining that
the defendant is mentally retarded. It would further require the
court, at the request of the defendant, to conduct the hearing
without a jury prior to the commencement of the trial, or if the
defendant does not request a court hearing, to order a jury hearing
to take place at the conclusion of the trial. The bill would specify
that the defendant shall present his or her evidence of mental
retardation, followed by the prosecution's evidence and any rebuttal
evidence, with each party permitted to reopen only as provided. This
bill would provide for other specified procedures, and would provide
that the defense shall have the burden of proving by a preponderance
of the evidence that the defendant is mentally retarded. It would
provide that the penalty for a mentally retarded defendant found
guilty of murder in the first degree where special circumstances
which would otherwise make him or her eligible for imposition of the
death penalty have been found, shall be confinement in the state
prison for life without possibility of parole. This bill would also
provide that if, after a mental retardation hearing, the court or
jury finds that the defendant is not mentally retarded, the criminal
trial shall proceed as in any other case in which a sentence of death
is sought by the prosecution, and the criminal jury shall not be
informed of the prior proceedings or the findings concerning the
defendant's claim of mental retardation. Because this bill would
place additional duties on prosecutors, it would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1376 is added to the Penal Code, to read:
1376. (a) As used in this section, "mentally retarded" means the
condition of significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior
and manifested before the age of 18.
(b) (1) In any case in which the prosecution seeks the death
penalty, the defendant may, at a reasonable time prior to the
commencement of trial, apply for an order directing that a mental
retardation hearing be conducted. Upon the submission of a
declaration by a qualified expert stating his or her opinion that the
defendant is mentally retarded, the court shall order a hearing to
determine whether the defendant is mentally retarded. At the request
of the defendant, the court shall conduct the hearing without a jury
prior to the commencement of the trial. The defendant's request for
a court hearing prior to trial shall constitute a waiver of a jury
hearing on the issue of mental retardation. If the defendant does
not request a court hearing, the court shall order a jury hearing to
determine if the defendant is mentally retarded. The jury hearing on
mental retardation shall occur at the conclusion of the phase of the
trial in which the jury has found the defendant guilty with a
finding that one or more of the special circumstances enumerated in
Section 190.2 are true. Except as provided in paragraph (3), the
same jury shall make a finding that the defendant is mentally
retarded, or that the defendant is not mentally retarded.
(2) For the purposes of the procedures set forth in this section,
the court or jury shall decide only the question of the defendant's
mental retardation. The defendant shall present evidence in support
of the claim that he or she is mentally retarded. The prosecution
shall present its case regarding the issue of whether the defendant
is mentally retarded. Each party may offer rebuttal evidence. The
court, for good cause in furtherance of justice, may permit either
party to reopen its case to present evidence in support of or
opposition to the claim of retardation. Nothing in this section
shall prohibit the court from making orders reasonably necessary to
ensure the production of evidence sufficient to determine whether or
not the defendant is mentally retarded, including, but not limited
to, the appointment of, and examination of the defendant by,
qualified experts. No statement made by the defendant during an
examination ordered by the court shall be admissible in the trial on
the defendant's guilt.
(3) At the close of evidence, the prosecution shall make its final
argument, and the defendant shall conclude with his or her final
argument. The burden of proof shall be on the defense to prove by a
preponderance of the evidence that the defendant is mentally
retarded. The jury shall return a verdict that either the defendant
is mentally retarded or the defendant is not mentally retarded. The
verdict of the jury shall be unanimous. In any case in which the
jury has been unable to reach a unanimous verdict that the defendant
is mentally retarded, and does not reach a unanimous verdict that the
defendant is not mentally retarded, the court shall dismiss the jury
and order a new jury impaneled to try the issue of mental
retardation. The issue of guilt shall not be tried by the new jury.
(c) In the event the hearing is conducted before the court prior
to the commencement of the trial, the following shall apply:
(1) If the court finds that the defendant is mentally retarded,
the court shall preclude the death penalty and the criminal trial
thereafter shall proceed as in any other case in which a sentence of
death is not sought by the prosecution. If the defendant is found
guilty of murder in the first degree, with a finding that one or more
of the special circumstances enumerated in Section 190.2 are true,
the court shall sentence the defendant to confinement in the state
prison for life without the possibility of parole. The jury shall
not be informed of the prior proceedings or the findings concerning
the defendant's claim of mental retardation.
(2) If the court finds that the defendant is not mentally
retarded, the trial court shall proceed as in any other case in which
a sentence of death is sought by the prosecution. The jury shall
not be informed of the prior proceedings or the findings concerning
the defendant's claim of mental retardation.
(d) In the event the hearing is conducted before the jury after
the defendant is found guilty with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true, the
following shall apply:
(1) If the jury finds that the defendant is mentally retarded, the
court shall preclude the death penalty and shall sentence the
defendant to confinement in the state prison for life without the
possibility of parole.
(2) If the jury finds that the defendant is not mentally retarded,
the trial shall proceed as in any other case in which a sentence of
death is sought by the prosecution.
(e) In any case in which the defendant has not requested a court
hearing as provided in subdivision (b), and has entered a plea of not
guilty by reason of insanity under Sections 190.4 and 1026, the
hearing on mental retardation shall occur at the conclusion of the
sanity trial if the defendant is found sane.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.