Sec. 5. Not later than ten (10) days before the initial trial date, the court shall determine whether the defendant is an individual with an intellectual disability based on the evidence set forth at the hearing under section 4 of this chapter. The court shall articulate findings supporting the court's determination under this section. As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.204; P.L.117-2015, SEC.51.
IC 35-36-9-6 Dismissal of death sentence charging instrument Sec. 6. If the court determines that the defendant is an individual with an intellectual disability under section 5 of this chapter, the part of the state's charging instrument filed under IC 35-50-2-9(a) that seeks a death sentence against the defendant shall be dismissed. As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.205; P.L.117-2015, SEC.52.