IC 35-36-9
    Chapter 9. Pretrial Determination of Mental Retardation in DeathSentence Cases

IC 35-36-9-1
Applicability
    Sec. 1. This chapter applies when a defendant is charged with amurder for which the state seeks a death sentence underIC 35-50-2-9.
As added by P.L.158-1994, SEC.3. Amended by P.L.2-1996,SEC.283.

IC 35-36-9-2
Individual with mental retardation
    Sec. 2. As used in this chapter, "individual with mentalretardation" means an individual who, before becoming twenty-two(22) years of age, manifests:
        (1) significantly subaverage intellectual functioning; and
        (2) substantial impairment of adaptive behavior;
that is documented in a court ordered evaluative report.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,SEC.201.

IC 35-36-9-3
Petition alleging mental retardation; filing
    Sec. 3. (a) The defendant may file a petition alleging that thedefendant is an individual with mental retardation.
    (b) The petition must be filed not later than twenty (20) daysbefore the omnibus date.
    (c) Whenever the defendant files a petition under this section, thecourt shall order an evaluation of the defendant for the purpose ofproviding evidence of the following:
        (1) Whether the defendant has a significantly subaverage levelof intellectual functioning.
        (2) Whether the defendant's adaptive behavior is substantiallyimpaired.
        (3) Whether the conditions described in subdivisions (1) and (2)existed before the defendant became twenty-two (22) years ofage.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,SEC.202.

IC 35-36-9-4
Hearing on petition
    Sec. 4. (a) The court shall conduct a hearing on the petition underthis chapter.
    (b) At the hearing, the defendant must prove by clear andconvincing evidence that the defendant is an individual with mentalretardation.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,

SEC.203.

IC 35-36-9-5
Determination within ten days of trial
    Sec. 5. Not later than ten (10) days before the initial trial date, thecourt shall determine whether the defendant is an individual withmental retardation based on the evidence set forth at the hearingunder section 4 of this chapter. The court shall articulate findingssupporting the court's determination under this section.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,SEC.204.

IC 35-36-9-6
Dismissal of death sentence charging instrument
    Sec. 6. If the court determines that the defendant is an individualwith mental retardation under section 5 of this chapter, the part of thestate's charging instrument filed under IC 35-50-2-9(a) that seeks adeath sentence against the defendant shall be dismissed.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,SEC.205.

IC 35-36-9-7
Sentencing
    Sec. 7. If a defendant who is determined to be an individual withmental retardation under this chapter is convicted of murder, thecourt shall sentence the defendant under IC 35-50-2-3(a).
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,SEC.206.