Mark Stone
- Democratic
Author
Existing law authorizes a defendant to apply, prior to the commencement of trial, for an order directing that a hearing to determine intellectual disability be conducted when the prosecution in a criminal case seeks the death penalty. Existing law requires the court to order a hearing to determine whether the defendant has an intellectual disability upon the submission of a declaration by a qualified expert stating the expert's opinion that the defendant is a person with an intellectual disability. Existing law defines "intellectual disability" for these purposes as a condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before 18 years of age. This bill would change the definition of "intellectual disability" to include conditions that manifest before the end of the developmental period, as defined by clinical standards. The bill would also prohibit the results of a test measuring intellectual functioning to be changed or adjusted based on race, ethnicity, national origin, or socioeconomic status. The bill would require the court to order a hearing to determine whether the defendant is a person with an intellectual disability upon a prima facie showing, as defined, that the defendant is a person with an intellectual disability. The bill would authorize a person in custody pursuant to a judgment of death to apply for an order directing that a hearing to determine intellectual disability be conducted as part of a petition for a writ of habeas corpus and would specify the procedure for making the determination as to whether the defendant is a person with an intellectual disability.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 331, Statutes of 2020.
Enrolled and presented to the Governor at 2 p.m.
In Assembly. Ordered to Engrossing and Enrolling.
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 1. Page 4372.).
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 0.) (July 31).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 0. Page 4851.)
Read third time and amended. Ordered to third reading. (Page 4679.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 1.) (May 19).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 21.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2512 | HTML |
| 02/19/20 - Introduced | |
| 05/06/20 - Amended Assembly | |
| 05/14/20 - Amended Assembly | |
| 06/08/20 - Amended Assembly | |
| 08/31/20 - Enrolled | |
| 09/30/20 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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