HB1107

Louisiana HB1107 revises criteria for determining intellectual disability in capital cases.

Louisiana HB1107 amends the Code of Criminal Procedure to redefine intellectual disability in capital cases. It requires defendants to prove significantly subaverage intellectual functioning and substantial deficits in adaptive behavior by clear and convincing evidence. The bill mandates courts to consider the margin of error in intelligence quotient test scores and presume higher scores reflect a person's capacity more accurately. It also establishes a rebuttable presumption that a score above 75 negates significantly subaverage intellectual functioning.