Current through the 2024 Fourth Special Session
Section 77-15a-101 - Intellectually disabled defendant not subject to death penalty - Defendant with subaverage functioning not subject to death penalty if confession not corroborated(1) A defendant who is found by the court to be intellectually disabled as defined in Section 77-15a-102 is not subject to the death penalty.(2) A defendant who does not meet the definition of intellectually disabled under Section 77-15a-102 is not subject to the death penalty if:(a) the defendant has significantly subaverage general intellectual functioning that exists concurrently with significant deficiencies in adaptive functioning;(b) the functioning described in Subsection (2)(a) is manifested prior to age 22; and(c) the state intends to introduce into evidence a confession by the defendant which is not supported by substantial evidence independent of the confession.Amended by Chapter 115, 2016 General Session ,§ 3, eff. 5/10/2016.Enacted by Chapter 11, 2003 General Session