HB 1386

Abstract

Death penalty; severe mental illness. Providesthat a defendant in a capital case who had a severe mental illness,as defined in the bill, at the time of the offense is not eligiblefor the death penalty. The bill establishes procedures for determiningwhether a defendant had a severe mental illness at the time of theoffense and provides for the appointment of expert evaluators. Thebill provides that when the defendant's severe mental illness isat issue, a determination will be made by the jury or by the judgein a bench trial as part of the sentencing proceeding, and the defendantbears the burden of proving his severe mental illness by a preponderanceof the evidence. The bill also provides that in the event the defendantfails to provide notice that he will offer testimony by an expertwitness at such sentencing proceeding, the court may either allowthe Commonwealth a continuance or, under appropriate circumstances,bar the defendant from presenting such evidence.