77-15a-101 - Mentally retarded defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.
               	 		 77-15a-101.    Mentally retarded defendant not subject to death penalty -- Defendantwith subaverage functioning not subject to death penalty if confession not corroborated.
      (1)  A defendant who is found by the court to be mentally retarded as defined in Section77-15a-102 is not subject to the death penalty.
      (2)  A defendant who does not meet the definition of mental retardation under Section77-15a-102 is not subject to the death penalty if:
      (a)  the defendant has significantly subaverage general intellectual functioning that existsconcurrently 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 notsupported by substantial evidence independent of the confession.
Enacted by Chapter 11, 2003 General Session