Indiana Code
Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases
35-36-9-3. Petition Alleging an Intellectual Disability

Sec. 3. (a) The defendant may file a petition alleging that the defendant is an individual with an intellectual disability.
(b) The petition must be filed not later than twenty (20) days before the omnibus date.
(c) Whenever the defendant files a petition under this section, the court shall order an evaluation of the defendant for the purpose of providing evidence of the following:
(1) Whether the defendant has a significantly subaverage level of intellectual functioning.
(2) Whether the defendant's adaptive behavior is substantially impaired.
(3) Whether the conditions described in subdivisions (1) and (2) existed before the defendant became twenty-two (22) years of age.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.202; P.L.117-2015, SEC.49.

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