Current through Register Vol. 54, No. 44, November 2, 2024
(A)
Unless the issue is decided pretrial pursuant to Rule 843, in a case in which
the defendant has asserted that imposition of a sentence of death is precluded
by reason of his or her mental retardation, after a return of a verdict of
guilty of murder in the first degree, a sentencing hearing shall be held in
which all sentencing evidence shall be presented, including, but not limited
to, evidence of the defendant's mental retardation and evidence of aggravating
and mitigating circumstances.
(B)
In cases in which the defendant has asserted his or her mental retardation as
provided in paragraph (A) and the sentencing hearing is conducted before the
jury, the following procedures shall apply:
(1) After presentation of the evidence, the
judge shall determine if sufficient evidence exists for the jury to decide
whether the imposition of a sentence of death should be precluded by reason of
mental retardation.
(a) If the judge
determines sufficient evidence exists for the jury to consider the issue of the
defendant's mental retardation, the case will proceed according to the
procedures in paragraphs (B)(2)-(6).
(b) If the judge determines that there is not
sufficient evidence for the jury to consider the issue of the defendant's
mental retardation, the case will proceed as any other capital case.
(2) After the presentation of
evidence, each party shall be entitled to present one closing argument
addressing all sentencing issues, including the defendant's alleged mental
retardation and arguments for or against a sentence of death. The defendant's
argument shall be made last.
(3)
Upon completion of argument, the judge shall instruct the jury solely upon the
issue of the defendant's mental retardation and shall submit a special issue to
the jury as to whether the defendant is mentally retarded.
(4) The question of the defendant's mental
retardation shall be considered and answered by the jury prior to the
consideration of any other sentencing issue and the determination of
sentence.
(5) If the jury
determines the defendant to be mentally retarded, the judge shall sentence the
defendant to life imprisonment.
(6)
If the jury does not find the defendant mentally retarded, the judge shall
instruct the jury on the mitigating and aggravating circumstances and the jury
shall deliberate on whether or not to impose the death penalty.
(C) In cases in which the
defendant has asserted his or her mental retardation as provided in paragraph
(A), and the defendant waives a sentencing proceeding before a jury and the
trial judge determines the penalty, the following procedures shall apply:
(1) After the presentation of evidence, each
party shall be entitled to present one closing argument addressing all
sentencing issues, including the defendant's alleged mental retardation and
arguments for or against a sentence of death. The defendant's argument shall be
made last.
(2) The trial judge
shall consider and answer the question of the defendant's mental retardation
prior to the consideration of any other sentencing issue and the determination
of sentence.
(3) If the trial judge
determines the defendant to be mentally retarded, the trial judge shall
sentence the defendant to life imprisonment.
(4) If the trial judge does not find the
defendant to be mentally retarded, the trial judge will evaluate the mitigating
and aggravating circumstances and determine whether or not to impose a sentence
of death.
