Sec. 6. If the court determines that the defendant is an individual with an intellectual disability under section 5 of this chapter, the part of the state's charging instrument filed under IC 35-50-2-9(a) that seeks a death sentence against the defendant shall be dismissed.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.205; P.L.117-2015, SEC.52.
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