Bill would standardize procedures for intellectual-disability claims in capital cases; critics warn of tighter rules

Apr 23, 2026

A bill before the Criminal Justice Committee would create statutory procedures and evidentiary standards for intellectual-disability (Atkins) claims in death-penalty cases; supporters say it will speed resolution, while disability advocates and clinicians say proposed definitions and a rigid IQ cutoff risk misclassification and constitutional problems.

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Representative Emilie Mellorin introduced House Bill 1107 to set out how intellectual-disability claims should be handled in capital and post-conviction proceedings, saying the change is needed to provide predictable rules and to prevent indefinite delays in high-stakes cases. "We want clear rules, reliable expert evidence and a gatekeeping function so only plausible claims go forward," Mellorin said during the Criminal Justice Committee hearing.

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