Indiana courts would decide intellectual-disability claims before death-penalty trials
Republican-sponsored
By Andrew Tillis-Smith
Indiana is moving to require courts to determine before trial whether a defendant facing the death penalty has an intellectual disability, under a bill (HB1432) that cleared the House 96-0 on January 28 and is now under Senate review.
The U.S. Supreme Court has held since 2002 that executing people with intellectual disabilities is unconstitutional, but states set their own procedures for resolving the question. HB1432 establishes a pretrial procedure in Indiana so that determination is made before a capital case proceeds to trial.
Rep. Bascom was primary sponsor. Three additional Republican members signed on as sponsors.