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For Immediate Release
October 29, 2007
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Senate Approves White's Capital
Punishment Bill
Prohibits execution of persons with
mental retardation, as determined by pretrial hearing.
Harrisburg – The state Senate today approved legislation
sponsored by Sen. Mary Jo White (R-21) that establishes a
pretrial procedure to determine if a defendant in a capital
penalty trial is a person with mental retardation.
The U.S. Supreme Court ruled in Atkins v. Virginia that
applying the death penalty to persons with mental
retardation is unconstitutional, and left it up to states to
determine how to implement the decision. Senator White's
bill, Senate Bill 751, establishes a pretrial hearing by a
judge to make the assessment.
"Since the Supreme Court ruled in 2002, our Commonwealth
courts have been waiting for direction from the Legislature
as it debated how the courts should determine mental
retardation, and whether it should be decided before or
after trial," said White. "I think it makes the most sense
to have a pretrial hearing, rather than go through the
expense of a capital trial and then determine it's not a
capital case at all. Our courts need direction on this
extremely serious topic, and passage of Senate Bill 751 will
provide it."
Under Senate Bill 751, 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 court 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 characterized by significant limitations
in intellectual functioning and in adaptive behavior as
expressed in conceptual, social and practical adaptive
skills.
The bill will be sent to the House of Representatives for
consideration.
CONTACT:
Leigh Ramsey
(717) 787-9684
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