Proposed Legislation Overview

S. B. 1692; H. B. 2064

This bill would exclude people with a Severe and Persistent Mental Illness (SPMI), who have been accused of a first degree murder, from execution.

The bill includes 3 major parts:

1. This bill defines SPMI very narrowly
1. Only individuals that have psychiatric diagnoses or symptoms consistent with schizophrenia, schizoaffective disorder, bipolar disorder, major depression with psychosis
2. Only individuals whose psychiatric diagnoses or symptoms are characterize by delusions, hallucinations, or other symptoms of psychosis (not attributable to drugs/alcohol)
3. Only individuals that have a documented medical history of mental illness
2. This bill creates a simple process where a judge will make a determination prior to trial if a defendant suffers from SPMI. If the judge determines the defendant suffers from SPMI, the maximum penalty the defendant could receive from the jury would be life without parole
3. This bill allows a judge's decision regarding SPMI can be appealed