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.