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HLS 26RS-2456 ENGROSSED Regular Session HOUSE BILL NO.
HLS 26RS-2456 REENGROSSED Regular Session HOUSE BILL NO.
HLS 26RS-2456 ENGROSSED HB NO.
HLS 26RS-2456 REENGROSSED HB NO.
HLS 26RS-2456 ENGROSSED HB NO.
HLS 26RS-2456 REENGROSSED HB NO.
HLS 26RS-2456 ENGROSSED HB NO.
HLS 26RS-2456 REENGROSSED HB NO.
(3) The court shall consider the cumulative effects of multiple scores and shall presume that higher intelligence quotient scores more accurately reflect a person's capacity.
(3) The court shall consider the cumulative effects of multiple scores and also scores of adaptive behavior when the petitioner has an intelligence quotient ranging from seventy-five through eighty.
A score above seventy-five on any scientifically recognized, standardizedintelligencequotienttestthatisindividuallyadministeredbyalicensed psychiatrist or psychologist creates an irrebuttable presumption that the petitioner does not have significantly subaverage intellectual functioning.
The court shall presume that higher intelligence quotient scores more accurately reflect a person's capacity.
(4) The expert report provided in Subparagraph (1) of this Paragraph is subject to the criteria for use of expert evidence as set forth by the Supreme Court of the United States in Daubert vs.
A score aboveeightyonanyscientificallyrecognized,standardizedintelligencequotienttest thatisindividuallyadministeredbyalicensedpsychiatristorpsychologistcreatesan irrebuttable presumption that the petitioner does not have significantly subaverage intellectual functioning.
Merrell Dow Pharmaceuticals, 509 U.S.
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HLS 26RS-2456 ENGROSSED HB NO.
HLS 26RS-2456 REENGROSSED HB NO.
1107 (1993) and the Louisiana Supreme Court in State v.
1107 (4) The expert report provided in Subparagraph (1) of this Paragraph is subject to the criteria for use of expert evidence as set forth by the Supreme Court of the United States in Daubert vs.
Merrell Dow Pharmaceuticals, 509 U.S.
579 (1993) and the Louisiana Supreme Court in State v.
Anyevidentiary hearing, if applicable, shall be conducted in accordance with Article 930.
Any 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 926 so as to properly place Code of Criminal Procedure Article 926(7) through (9) as enacted bythis Act.
The Louisiana State Law Institute is hereby authorized and directed to renumber the Subparagraphs of Code of Criminal Procedure Article 924 so as to properly place Code of Criminal Procedure Article 924(7) through (9) as enacted bythis Act.
HLS 26RS-2456 ENGROSSED HB NO.
HLS 26RS-2456 REENGROSSED HB NO.
1:13(B) and 24:177(E)] HB 1107 Engrossed 2026 Regular Session Melerine Abstract:
1:13(B) and 24:177(E)] HB 1107 Reengrossed 2026 Regular Session Melerine Abstract:
HLS 26RS-2456 ENGROSSED HB NO.
HLS 26RS-2456 REENGROSSED HB NO.
1107 Proposedlawprovidesfordutiesofthecourtrelativeto considerationofthemargin oferror when evaluating a petitioner's IQ test score and the cumulative effects of multiple scores.
1107 Proposedlawprovidesfordutiesofthecourtrelativeto considerationofthemargin oferror when evaluating a petitioner's IQ test score, the cumulative effects of multiple scores, and also scores of adaptive behavior when the petitioner has an IQ ranging from 75 through 80.
Proposed law provides a irrebuttable presumption that the petitioner does not have significantlysubaverage intellectual functioning if he has obtained a score above 75 on any scientificallyrecognized,standardizedIQtestthatisindividuallyadministeredbyalicensed psychiatrist or psychologist.
Proposed law provides an irrebuttable presumption that the petitioner does not have significantlysubaverage intellectual functioning if he has obtained a score above 80 on any scientificallyrecognized,standardizedIQtestthatisindividuallyadministeredbyalicensed psychiatrist or psychologist.
Proposed law provides that the expert report is subject to the criteria for use of expert evidence as set forth byjurisprudence of the U.S.
Proposed law provides that the expert report is subject to the criteria for use of expert evidenceassetforthbyjurisprudenceoftheU.S.SupremeCourtandtheLa.SupremeCourt.
Supreme Court and La.
Supreme Court.
Proposedlawrequiresanyevidentiaryhearing, if applicable, to be conducted in accordance with present law (C.Cr.P.
Proposed law requiresanyevidentiaryhearing, if 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:
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HLS 26RS-2456 ENGROSSED HB NO.
HLS 26RS-2456 REENGROSSED HB NO.
1107 testing procedures and submission of this report within 10 days of the testing of the petitioner.
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 proposedlawappliesonlyto claims ofintellectual disabilitythat are raised in post-conviction proceedings for capital cases.
Clarifythat proposed law appliesonlyto claimsofintellectualdisabilitythat 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.
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