USA - Pennsylvania. The Senate has approved SB 397 to determin whether a defendant in a death penalty case has an intellectual disability.

The state Senate has approved SB 397 that would establish a procedure for determining whether a defendant in a death penalty case has an intellectual disability. Under the bill, the attorney for the defendant could request a hearing prior to trial to determine if the defendant is constitutionally ineligible 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 non-capital trial. A version of the bill, sponsored by Sen. Mary Jo White, 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.