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Senate advances bill setting process to exclude mentally retarded from death penalty

Utah State Senate · February 5, 2003
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

After extended floor debate, the Utah Senate advanced Senate Bill 8 — a comprehensive response to the U.S. Supreme Court ruling on executing people with mental retardation — to the third‑reading calendar. The bill designates a judge to decide initial mental‑retardation claims and requires a preponderance‑of‑evidence showing by the defendant.

The Utah Senate on Feb. 4 advanced Senate Bill 8 to third reading after an extended floor debate over procedure and safeguards for capital cases involving claims of mental retardation.

Sponsor Senator Gladwell said the bill implements protections required by the U.S. Supreme Court and ‘‘incorporates those 11 areas that were agreed upon’’ by stakeholders including prosecutors, defense counsel and disability advocates. The bill creates a definition for mental retardation in the criminal context, requires a written notice and the…

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