The bill addresses the imposition of the death penalty on defendants diagnosed with serious mental illnesses. It establishes that the act applies only to offenses committed on or after its effective date and does not have retroactive implications. The bill introduces several definitions related to serious mental illness, including "active symptoms," "delusion," "hallucination," and the criteria for determining if a person has a serious mental illness. It specifies that a serious mental illness includes certain disorders as classified by the American Psychiatric Association, while excluding disorders primarily manifested by repeated criminal conduct or those solely due to substance use.

Additionally, the bill outlines a process for defendants charged with capital offenses to petition the court for a determination of serious mental illness. If such a petition is filed, the court is required to order an evaluation by two licensed psychiatrists or psychologists. The findings from this evaluation will be used in a hearing to determine if the defendant has a serious mental illness. If the court finds that the defendant does have a serious mental illness, the state is prohibited from seeking the death penalty and may instead pursue a sentence of life imprisonment without parole.

Statutes affected:
HB 1694: 5-4-101