LRB093 08615 RLC 14410 a

 1                    AMENDMENT TO SENATE BILL 472

 2        AMENDMENT NO.     .  Amend Senate Bill 472,  AS  AMENDED,
 3    with  reference  to  the  page  and  line  numbers  of Senate
 4    Amendment No. 4, by replacing lines 23 through 33 on page 20,
 5    all of page 21, and lines 1 through 21 on page  22  with  the
 6    following:

 7        "(725 ILCS 5/114-15 new)
 8        Sec. 114-15. Mental retardation.
 9        (a)  In  a  first  degree  murder case in which the State
10    seeks the death penalty as an appropriate sentence, any party
11    may raise the issue of the defendant's mental retardation  by
12    motion.  A defendant wishing to raise the issue of his or her
13    mental retardation shall provide written notice to the  State
14    and  the  court  as soon as the defendant reasonably believes
15    such issue will be raised.
16        (b) If a motion to disqualify a case as  a  capital  case
17    based  upon the mental retardation of the defendant is filed,
18    the issue of the  defendant's  mental  retardation  shall  be
19    determined in a pretrial hearing. The court shall be the fact
20    finder on the issue of the defendant's mental retardation and
21    shall  determine  the issue by a preponderance of evidence in
22    which the moving party has the burden of proof. The court may
23    appoint an expert in the field  of  mental  retardation.  The
                            -2-      LRB093 08615 RLC 14410 a
 1    defendant  and  the State may offer experts from the field of
 2    mental retardation. The court shall  determine  admissibility
 3    of evidence and qualification as an expert.
 4        (c)  In  determining  whether  the  defendant is mentally
 5    retarded, the mental retardation must have manifested  itself
 6    by  the  age  of  18.  An intelligence quotient (IQ) of 75 or
 7    below is presumptive evidence of mental retardation. IQ tests
 8    and psychometric tests administered to the defendant must  be
 9    the  kind  and  type  recognized  by  experts in the field of
10    mental  retardation.  In  order  for  the  defendant  to   be
11    considered mentally retarded, a low IQ must be accompanied by
12    significant  deficits  in  adaptive behavior in at least 2 of
13    the following skill areas: communication,  self-care,  social
14    or   interpersonal   skills,   home  living,  self-direction,
15    academics, health and safety, use of community resources, and
16    work.
17        (d) If the court determines that a capital  defendant  is
18    mentally  retarded,  the case shall no longer be considered a
19    capital case and the procedural  guidelines  established  for
20    capital cases shall no longer be applicable to the defendant.
21    The State may appeal such a ruling to the extent permitted by
22    Rules of the Illinois Supreme Court.
23        (e) Evidence of mental retardation that did not result in
24    disqualifying  the  case as a capital case, may be introduced
25    as  evidence  in  mitigation  during  a  capital   sentencing
26    hearing.  A  failure  of  the  court  to  determine  that the
27    defendant is mentally retarded does not  preclude  the  court
28    during  trial  from  allowing  evidence  relating  to  mental
29    disability  should the court deem it appropriate. However, if
30    no pre-trial motion to disqualify the case as a capital  case
31    based  upon  mental  retardation  was  filed, and evidence of
32    mental  retardation  is  presented  by   the   defendant   in
33    mitigation  at  the  capital sentencing hearing, the trier of
34    fact shall determine if the defendant is  mentally  retarded.
                            -3-      LRB093 08615 RLC 14410 a
 1    If  the defendant is found to be mentally retarded, the court
 2    shall sentence the defendant to a term of imprisonment  under
 3    Chapter V of the Unified Code of Corrections.".