Sec. 4. (a) The court shall conduct a hearing on the petition under this chapter.
(b) At the hearing, the defendant must prove by clear and convincing evidence that the defendant is an individual with an intellectual disability.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.203; P.L.117-2015, SEC.50.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 36. Pretrial Notices, Motions, and Procedures
Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases
35-36-9-2. Individual With an Intellectual Disability
35-36-9-3. Petition Alleging an Intellectual Disability
35-36-9-4. Hearing on Petition
35-36-9-5. Determination Within Ten Days of Trial