AB 2512

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly
  • Passed Assembly Jun 15, 2020
  • Passed Senate Aug 28, 2020
  • Signed by Governor Sep 30, 2020

Death penalty: person with an intellectual disability.

Abstract

Existing law authorizes a defendant to apply, prior to the commencement of trial, for an order directing that a hearing to determine intellectual disability be conducted when the prosecution in a criminal case seeks the death penalty. Existing law requires the court to order a hearing to determine whether the defendant has an intellectual disability upon the submission of a declaration by a qualified expert stating the expert's opinion that the defendant is a person with an intellectual disability. Existing law defines "intellectual disability" for these purposes as a condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before 18 years of age. This bill would change the definition of "intellectual disability" to include conditions that manifest before the end of the developmental period, as defined by clinical standards. The bill would also prohibit the results of a test measuring intellectual functioning to be changed or adjusted based on race, ethnicity, national origin, or socioeconomic status. The bill would require the court to order a hearing to determine whether the defendant is a person with an intellectual disability upon a prima facie showing, as defined, that the defendant is a person with an intellectual disability. The bill would authorize a person in custody pursuant to a judgment of death to apply for an order directing that a hearing to determine intellectual disability be conducted as part of a petition for a writ of habeas corpus and would specify the procedure for making the determination as to whether the defendant is a person with an intellectual disability.

Bill Sponsors (9)

Votes


Actions


Sep 30, 2020

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 331, Statutes of 2020.

Sep 04, 2020

California State Legislature

Enrolled and presented to the Governor at 2 p.m.

Aug 28, 2020

Assembly

In Assembly. Ordered to Engrossing and Enrolling.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 1. Page 4372.).

Aug 03, 2020

Senate

Read second time. Ordered to third reading.

Aug 01, 2020

Senate

From committee: Do pass. (Ayes 5. Noes 0.) (July 31).

Jul 01, 2020

Senate

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Jun 16, 2020

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jun 15, 2020

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 0. Page 4851.)

Jun 08, 2020

Assembly

Read third time and amended. Ordered to third reading. (Page 4679.)

May 21, 2020

Assembly

Read second time. Ordered to third reading.

May 20, 2020

Assembly

From committee: Do pass. (Ayes 6. Noes 1.) (May 19).

May 18, 2020

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 14, 2020

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

May 07, 2020

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 06, 2020

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

Feb 27, 2020

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Feb 20, 2020

Assembly

From printer. May be heard in committee March 21.

Feb 19, 2020

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2512 HTML
02/19/20 - Introduced PDF
05/06/20 - Amended Assembly PDF
05/14/20 - Amended Assembly PDF
06/08/20 - Amended Assembly PDF
08/31/20 - Enrolled PDF
09/30/20 - Chaptered PDF

Related Documents

Document Format
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Sources

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