A jury would decide whether the death penalty is off the table for some defendants
What it does
HB 1016 would bar a death sentence for a defendant who had schizophrenia or schizoaffective disorder with active psychotic symptoms at the time of the offense. The bill defines severe mental illness narrowly, and a defendant would have to prove it by clear and convincing evidence to a jury. The jury would return a separate special verdict on the issue. If the jury agrees and the defendant is convicted, the judge would sentence the person to life in prison without parole.
What it means for your community
The change would apply only to trials that start on or after September 1, 2027, so it would not reach cases already in court. A defense lawyer would have to give notice of the claim no later than the 30th day before trial, and a judge could order an examination by a court-appointed expert. Either side could request that expert, and the exam could not include an assessment of the risk of danger the defendant may pose.
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