77-15a-101.   Mentally retarded defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.
     (1) A defendant who is found by the court to be mentally retarded as defined in Section 77-15a-102 is not subject to the death penalty.
     (2) A defendant who does not meet the definition of mental retardation under Section 77-15a-102 is not subject to the death penalty if:
     (a) the defendant has significantly subaverage general intellectual functioning that exists concurrently with significant deficiencies in adaptive functioning;
     (b) the functioning described in Subsection (2)(a) is manifested prior to age 22; and
     (c) the state intends to introduce into evidence a confession by the defendant which is not supported by substantial evidence independent of the confession.

Enacted by Chapter 11, 2003 General Session
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Last revised: Thursday, May 28, 2009