Existing case law holds that execution of a "mentally retarded" person constitutes cruel and unusual punishment under the United States Constitution, rendering an individual with mental retardation ineligible for the death penalty. 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 defines "intellectual disability" for these purposes as the condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before the end of the developmental period, as defined by clinical standards. 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 requires a court to impanel a new jury to try the issue of intellectual disability if a jury panel was unable to reach a unanimous verdict that the defendant is a person with an intellectual disability.
California SB 1001 (20232024) — Death penalty: intellectually disabled persons.
Existing case law holds that execution of a "mentally retarded" person constitutes cruel and unusual punishment under the United States Constitution, rendering an individual with mental retardation ineligible for the death penalty. 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 defines "intellectual disability" for these purposes as the condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before the end of the developmental period, as defined by clinical standards. 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 requires a court to impanel a new jury to try the issue of intellectual disability if a jury panel was unable to reach a unanimous verdict that the defendant is a person with an intellectual disability.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
SB 1001 Skinner Senate Third Reading By Grayson — 57–12 (pass) · lower
Do pass. — 6–1 (pass) · lower
Unfinished Business SB1001 Skinner Concurrence — 30–9 (pass) · upper
Do pass — 4–0 (pass) · upper
3rd Reading — 28–8 (pass) · upper
Sponsors
Skinner — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2024-02-01 Introduced. Read first time. To Com. on RLS. for assignment. To print. introduction, reading-1
2024-02-02 From printer. May be acted upon on or after March 3.
2024-02-14 Referred to Com. on PUB S. referral-committee
2024-02-23 Set for hearing March 19.
2024-03-19 From committee: Do pass. (Ayes 4. Noes 0. Page 3351.) (March 19). committee-passage, committee-passage-favorable
2024-03-20 Read second time. Ordered to third reading. reading-1, reading-2
2024-05-21 Read third time. Passed. (Ayes 28. Noes 8. Page 4047.) Ordered to the Assembly. passage, reading-1, reading-3
2024-05-22 In Assembly. Read first time. Held at Desk. reading-1
2024-06-03 Referred to Com. on PUB. S. referral-committee
2024-06-25 From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. amendment-passage, committee-passage, reading-1, reading-2, referral-committee
2024-07-03 From committee: Do pass. (Ayes 6. Noes 1.) (July 2). committee-passage, committee-passage-favorable
2024-08-05 Read second time. Ordered to third reading. reading-1, reading-2
2024-08-20 Read third time and amended. amendment-passage, reading-1, reading-3
2024-08-20 Ordered to third reading.
2024-08-26 Read third time. Passed. (Ayes 57. Noes 12. Page 6507.) Ordered to the Senate. passage, reading-1, reading-3
2024-08-26 In Senate. Concurrence in Assembly amendments pending.
2024-08-27 Assembly amendments concurred in. (Ayes 30. Noes 9. Page 5507.) Ordered to engrossing and enrolling. amendment-passage, committee-passage-favorable
2024-09-03 Enrolled and presented to the Governor at 3 p.m.
2024-09-28 Approved by the Governor. executive-signature
2024-09-28 Chaptered by Secretary of State. Chapter 908, Statutes of 2024. became-law
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/a9035b2d-815a-465c-b47c-1f9d6ce4ee97. Confidence: reported (aggregated from official California legislature records).
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