The State Senate Judiciary Committee passed legislation yesterday that disability organizations have been advocating for for years.
The 2002 Supreme Court decision ruled that the execution of people with mental retardation violates the Eighth Amendment of the Constitution- which prohibits cruel and unusual punishment. How that is determined is up to each individual state. The bill was was introduced by Senator Mary Jo White.
In past legislative sessions, similar bills have been introduced but not passed.
The bill asks for a clinical pre-trial determination of mental retardation.