Indiana legislation · 2026 Regular Session
Indiana HB1432: Death sentence and intellectual disabilities.
Status: In committee, February 2, 2026
Establishes a procedure to determine pretrial whether a defendant in a death penalty case has an intellectual disability.
What the bill says
A bill FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
From the amended text:
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. SECTION 1. IC 35-36-9-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2.5. (a) After the state has filed the charging instrument under IC 35-50-2-9(a) that seeks a death sentence, the court shall appoint two (2) or three (3) competent (2) psychologists endorsed by the state psychology board as health service providers in psychology; or (3) physicians; who have expertise in diagnosing and treating intellectual disabilities. At least one (1) person appointed under this subsection must be a psychiatrist and at least one (1) person appointed under this subsection must be a psychologist. (b) The persons appointed under subsection (a) shall examine the defendant and each shall prepare a separate written evaluation for the purpose of providing evidence of the following: (1) Whether the defendant has a significantly subaverage level HB 1432--LS 7043/DI of intellectual functioning. (2) Whether the defendant's adaptive behavior is substantially impaired. (3) Whether the conditions described in subdivisions (1) and (2) existed before the defendant became twenty-two (22) years of age. (c) After all written evaluations have been completed, each person appointed under subsection (a) and (2) notify the court that they have transmitted a copy of their evaluation to …
Sponsors
- Garrett Bascom (R, HD-068) · primary sponsor
- Alex Zimmerman (R, HD-067)
- Robb Greene (R, HD-047)
Latest actions
- : First reading: referred to Committee on Corrections and Criminal Law
- : Referred to the Senate
- : Senate sponsor: Senator Freeman
- : Third reading: passed; Roll Call 110: yeas 96, nays 0
- : Second reading: ordered engrossed
- : Committee report: amend do pass, adopted
- : Authored by Representative Bascom
- : First reading: referred to Committee on Courts and Criminal Code
- : Coauthored by Representatives Zimmerman, Greene
Votes
- HB1432.02.COMH (January 28, 2026): 96 yea, 0 nay, passed
Subjects: LOCAL ELECTED OFFICIALS; Prosecutors, CRIMINAL LAW AND PROCEDURE; Capital Punishment, AGENCIES; State Public Defender, AGENCIES; Indiana Public Defender Council (IPDC), HEALTH; Developmental Disabilities, CRIMINAL LAW AND PROCEDURE; Prosecuting Attorneys (Non-Elected), CRIMINAL LAW AND PROCEDURE; Sentencing, AGENCIES; Prosecuting Attorneys Council (IPAC)
Common questions
- What is HB1432?
- HB1432 is a bill in the Indiana Legislature (2026 Regular Session): Death sentence and intellectual disabilities.
- What does HB1432 do?
- In its own words: A bill FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
- What is the status of HB1432?
- In committee as of February 2, 2026. Latest action: First reading: referred to Committee on Corrections and Criminal Law (February 2, 2026).
- Who sponsored HB1432?
- Garrett Bascom (R, HD-068), with 2 co-sponsors.
- Where is the official record for HB1432?
- On the Indiana Legislature website: https://iga.in.gov/legislative/2026/bills/house/1432
Source: official Indiana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.