CRIMINAL/PROCEDURE: Provides relative to determination of intellectual disability in capital cases
The legislation modifies the process for assessing intellectual disability in individuals facing capital charges. This aims to ensure proper and fair evaluations in legal settings.
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HB 1107 — CRIMINAL/PROCEDURE: Provides relative to determination of intellectual disability in capital cases
Last action — Rules suspended.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House. Introduced March 31, 2026. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
ModerateHow often bills like it became law.
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Passed House
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 1 recorded vote so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
In plain language
This bill addresses how intellectual disability is determined in capital cases.
The legislation modifies the process for assessing intellectual disability in individuals facing capital charges. This aims to ensure proper and fair evaluations in legal settings.
Bill Text
What changed in the latest version
59 added · 49 removedPlain-language change summary
The revised bill HB 1107 now specifies that individuals with an intelligence quotient (IQ) between 75 to 80 can still be assessed for adaptive behavior, which was not clearly stated before. Additionally, the threshold for creating a presumption against having significantly low intellectual functioning has been raised from 75 to 80 on standardized IQ tests. This change matters because it could affect the legal treatment of individuals with intellectual disabilities, potentially changing how their cases are evaluated in court and who qualifies for protections against capital punishment.
HLS 26RS-2456 ENGROSSEDREENGROSSED Regular Session HOUSE BILL NO.
HLS 26RS-2456 ENGROSSEDREENGROSSED HB NO.
HLS 26RS-2456 ENGROSSEDREENGROSSED HB NO.
HLS 26RS-2456 ENGROSSEDREENGROSSED HB NO.
(3) The court shall consider the cumulative effects of multiple scores and shallalso presumescores thatof higheradaptive intelligencebehavior quotientwhen scoresthe morepetitioner accuratelyhas reflectan aintelligence person'squotient capacity.ranging from seventy-five through eighty.
AThe scorecourt aboveshall seventy-fivepresume on any scientifically recognized, standardizedintelligencequotienttestthatisindividuallyadministeredbyalicensed psychiatrist or psychologist creates an irrebuttable presumption that thehigher petitionerintelligence doesquotient notscores havemore significantlyaccurately subaveragereflect intellectuala functioning.person's capacity.
(4)A Thescore expertaboveeightyonanyscientificallyrecognized,standardizedintelligencequotienttest reportthatisindividuallyadministeredbyalicensedpsychiatristorpsychologistcreatesan providedirrebuttable inpresumption Subparagraphthat (1) of this Paragraph is subject to the criteriapetitioner fordoes usenot ofhave expertsignificantly evidencesubaverage asintellectual setfunctioning. forth by the Supreme Court of the United States in Daubert vs.
MerrellPage Dow4 Pharmaceuticals,of 5098 U.S.CODING:
579 Page 4 of 8 CODING:
HLS 26RS-2456 ENGROSSEDREENGROSSED HB NO.
1107 (1993)(4) andThe expert report provided in Subparagraph (1) of this Paragraph is subject to the Louisianacriteria for use of expert evidence as set forth by the Supreme Court of the United States in StateDaubert v.vs.
Merrell Dow Pharmaceuticals, 509 U.S.
579 (1993) and the Louisiana Supreme Court in State v.
AnyevidentiaryAny evidentiary hearing, if applicable, shall be conducted in accordance with Article 930.
The Louisiana State Law Institute is hereby authorized and directed to renumber the Subparagraphs of Code of Criminal Procedure Article 926924 so as to properly place Code of Criminal Procedure Article 926(7)924(7) through (9) as enacted bythis Act.
HLS 26RS-2456 ENGROSSEDREENGROSSED HB NO.
1:13(B) and 24:177(E)] HB 1107 EngrossedReengrossed 2026 Regular Session Melerine Abstract:
HLS 26RS-2456 ENGROSSEDREENGROSSED HB NO.
1107 Proposedlawprovidesfordutiesofthecourtrelativeto considerationofthemargin oferror when evaluating a petitioner's IQ test scorescore, and the cumulative effects of multiple scores.scores, and also scores of adaptive behavior when the petitioner has an IQ ranging from 75 through 80.
Proposed law provides aan irrebuttable presumption that the petitioner does not have significantlysubaverage intellectual functioning if he has obtained a score above 7580 on any scientificallyrecognized,standardizedIQtestthatisindividuallyadministeredbyalicensed psychiatrist or psychologist.
Proposed law provides that the expert report is subject to the criteria for use of expert evidenceevidenceassetforthbyjurisprudenceoftheU.S.SupremeCourtandtheLa.SupremeCourt. as set forth byjurisprudence of the U.S.
Supreme Court and La.
Supreme Court.
Proposedlawrequiresanyevidentiaryhearing,Proposed iflaw applicable,requiresanyevidentiaryhearing, toif applicable,to be conducted in accordance with present law (C.Cr.P.
(a) Remove proposed law regarding a determination of the petitioner's IQ usingcurrentcommunity,nationally,andculturallyacceptedintelligence Page 7 of 8 CODING:
HLS 26RS-2456 ENGROSSEDREENGROSSED HB NO.
1107 (a) Remove proposed law regarding a determination of the petitioner's IQ usingcurrentcommunity,nationally,andculturallyacceptedintelligence testing procedures and submission of this report within 10 days of the testing of the petitioner.
Clarifythat proposedlawappliesonlytoproposed claimslaw ofintellectualappliesonlyto disabilitythatclaimsofintellectualdisabilitythat are raised in post-conviction proceedings for capital cases.
Make technical changes.
The House Floor Amendments to the engrossed bill:
1.
Require the court, when evaluating a person's IQ test score, to also consider scoresofadaptivebehaviorwhenthepetitionerhasanIQrangingfrom75to 80.
2.
Changethescoreneededonascientificallyrecognized,standardIQtesttocreate an irrebuttable presumption that the petitioner does not have significantly subaverage intellectual functioning from above 75 to above 80.
3.
View plain text versions (3)
- Engrossed HB1107 Reengrossed pdf
- Engrossed HB1107 Engrossed Current pdf
- HB1107 Original View text pdf
Amendments
6 amendments- House Floor Amendment, #4448, Knox, Proposed Show changes
- Senate Committee Amendment, #3573, JUDC, Adopted Adopted Show changes
- Senate Committee Amendment, #3554, JUDC, Draft Show changes
- House Floor Legislative Bureau Amendment, #2753, Horton, Adopted Adopted Show changes
- House Committee Amendment, #4358, ACRJ, Adopted Adopted Show changes
- House Committee Amendment, #4296, ACRJ, Draft Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Rules suspended.
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Read by title and returned to the Calendar, subject to call.
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Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.
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Committee amendments read and adopted. Read by title and referred to the Legislative Bureau.
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Reported with amendments.
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Read second time by title and referred to the Committee on Judiciary C.
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Received in the Senate. Read first time by title and placed on the Calendar for a second reading.
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Read third time by title, amended, roll called on final passage, yeas 74, nays 12. Finally passed, title adopted, ordered to the Senate.
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Read by title, amended, ordered engrossed, passed to 3rd reading.
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Scheduled for floor debate on 04/29/2026.
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Reported with amendments (8-3).
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Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.
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Read by title. Lies over under the rules.
Sponsors
- Michael Melerine · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 146 not signed on · 12 voted No
Sponsors (1)
- Michael Melerine Republican
Co-sponsors (0)
None.
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 1 |
| Republican | 56 | 1 | 0 | 11 |
| Democrat | 13 | 10 | 0 | 7 |
| Total | 74 | 12 | 0 | 19 |
| % of votes cast | 70% | 11% | 0% | 18% |
How each member voted (105)
| Member | Party | Vote |
|---|---|---|
| Mr. Speaker | — | Yea |
| Amedee | — | Yea |
| Galle | — | Yea |
| Stagni | — | Yea |
| Johnson, T. | — | Not Voting |
| Landry, T. | — | Nay |
| St. Blanc | — | Yea |
| Adrian Fisher | Democrat | Yea |
| Aimee Adatto Freeman | Democrat | Nay |
| Alonzo L. Knox | Democrat | Yea |
| Barbara Carpenter | Democrat | Yea |
| C. Denise Marcelle | Democrat | Not Voting |
| Candace N. Newell | Democrat | Nay |
| Chasity Martinez | Democrat | Nay |
| Dana Henry | Democrat | Yea |
| Delisha Boyd | Democrat | Yea |
| Ed Murray | Democrat | Nay |
| Edmond Jordan | Democrat | Not Voting |
| Gerald Boudreaux | Democrat | Not Voting |
| III, Ed Larvadain | Democrat | Nay |
| Joy Walters | Democrat | Not Voting |
| Jr., Kyle M. Green | Democrat | Nay |
| Ken Brass | Democrat | Yea |
| Mandie Landry | Democrat | Nay |
| Marcus Anthony Bryant | Democrat | Nay |
| Pat Moore | Democrat | Nay |
| Rashid Armand Young | Democrat | Not Voting |
| Robby Carter | Democrat | Yea |
| Rodney Lyons | Democrat | Yea |
| Roy Daryl Adams | Democrat | Yea |
| Shaun Raphael Mena | Democrat | Not Voting |
| Sr., Wilford Carter | Democrat | Nay |
| Steven Jackson | Democrat | Yea |
| Sylvia Elaine Taylor | Democrat | Yea |
| Tammy T. Phelps | Democrat | Yea |
| Tehmi Jahi Chassion | Democrat | Not Voting |
| Vanessa Caston LaFleur | Democrat | Yea |
| Annie Spell | Republican | Yea |
| Barbara Reich Freiberg | Republican | Yea |
| Beth Anne Billings | Republican | Yea |
| Brett F. Geymann | Republican | Yea |
| Brian Leonard Glorioso | Republican | Yea |
| Bryan Fontenot | Republican | Yea |
| Chad Michael Boyer | Republican | Yea |
| Chance Keith Henry | Republican | Yea |
| Christopher Turner | Republican | Yea |
| Danny McCormick | Republican | Yea |
| Daryl Andrew Deshotel | Republican | Yea |
| Debbie Villio | Republican | Yea |
| Dixon Wallace McMakin | Republican | Yea |
| Dodie Horton | Republican | Yea |
| Emily Chenevert | Republican | Yea |
| Foy Bryan Gadberry | Republican | Yea |
| Francis C. Thompson | Republican | Not Voting |
| Gregory A. Miller | Republican | Nay |
| III, Roger William Wilder | Republican | Yea |
| III, Vincent E. Cox | Republican | Yea |
| IV, Gerald "Beau" Beaullieu | Republican | Yea |
| Jack McFarland | Republican | Yea |
| Jacob Braud | Republican | Yea |
| Jacob Jules Landry | Republican | Yea |
| Jason Brian DeWitt | Republican | Yea |
| Jeffrey "Jeff" Fons Wiley | Republican | Yea |
| Jeremy LaCombe | Republican | Yea |
| Jerome Zeringue | Republican | Not Voting |
| Jessica Domangue | Republican | Yea |
| John E. Wyble | Republican | Not Voting |
| Joseph A. Orgeron | Republican | Yea |
| Josh Carlson | Republican | Yea |
| Jr., Dennis Bamburg | Republican | Yea |
| Jr., John R. Illg | Republican | Not Voting |
| Jr., Michael Robert Bayham | Republican | Not Voting |
| Kathy Edmonston | Republican | Yea |
| Kellee Hennessy Dickerson | Republican | Yea |
| Kim Carver | Republican | Yea |
| Kimberly Landry Coates | Republican | Yea |
| Larry A. Bagley | Republican | Not Voting |
| Lauren Ventrella | Republican | Yea |
| Laurie Schlegel | Republican | Yea |
| Les Farnum | Republican | Not Voting |
| Mark Wright | Republican | Yea |
| Michael "Gabe" Firment | Republican | Yea |
| Michael Charles Echols | Republican | Yea |
| Michael Melerine | Republican | Yea |
| Mike Johnson | Republican | Yea |
| Neil Riser | Republican | Yea |
| Nicholas Muscarello | Republican | Yea |
| Paul Sawyer | Republican | Yea |
| Phillip Eric Tarver | Republican | Not Voting |
| Polly Thomas | Republican | Not Voting |
| R. Dewith Carrier | Republican | Yea |
| Raymond J. Crews | Republican | Yea |
| Reese "Skip" Broussard | Republican | Yea |
| Rhonda Gaye Butler | Republican | Yea |
| Robert "Bob" Owen | Republican | Yea |
| Rodney Schamerhorn | Republican | Yea |
| Ryan Bourriaque | Republican | Yea |
| Shane Mack | Republican | Yea |
| Sr., Peter F. Egan | Republican | Yea |
| Stephanie H. Berault | Republican | Yea |
| Stephanie Hilferty | Republican | Not Voting |
| Timothy P. Kerner | Republican | Yea |
| Tony Bacala | Republican | Not Voting |
| Troy Jude Hebert | Republican | Yea |
| Wayne McMahen | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 1107?
- HB 1107 is sponsored by Michael Melerine (Republican).
- What is the current status of HB 1107?
- This bill has passed the House. Introduced March 31, 2026. It now moves to the second chamber.
- Where can I track HB 1107?
- Track HB 1107 free on One Click Politics — get push/email alerts when it moves.
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