Section 840. Scope

The rules in Part B provide the procedure for determining if imposition of the death penalty is precluded due to the defendant’s mental retardation.

Comment

These rules are intended to apply only to cases arising within the context of the United States Supreme Court decision in Atkins v. Virginia, 536 U.S. 304 (2002), that held that the execution of a mentally retarded criminal is cruel and unusual punishment prohibited by the Eighth Amendment. Pursuant to Atkins, the Pennsylvania Supreme Court held in Commonwealth v. Sanchez, 614 Pa. 1, 36 A.3d 24 (2011), that a convicted defendant found mentally retarded is ineligible for the death penalty.

Official Note

New Rule 840 adopted July 31, 2013, effective October 1, 2013.

Committee Explanatory Reports:

Final Report explaining the July 31, 2013 adoption of the new rule published with the Court’s Order at 43 Pa.B. 4722 (August 17, 2013).

The provisions of this Rule 840 adopted July 31, 2013, effective October 1, 2013, 43 Pa.B. 4715.