WILLIAM DONALD SCHAEFER, Governor Ch. 678

ADAPTIVE BEHAVIOR, AND THE MENTAL RETARDATION IS MANIFESTED
BEFORE THE INDIVIDUAL ATTAINS THE AGE OF 22.

(f) (1) If a person found guilty of murder in the first
degree was, AT THE TIME THE MURDER WAS COMMITTED, less than 18
years old [at the time the murder was committed] OR IF THE PERSON
ESTABLISHES BY A PREPONDERANCE OF THE EVIDENCE THAT THE PERSON
WAS, AT THE TIME THE MURDER WAS COMMITTED, MENTALLY RETARDED, the
person shall be sentenced to imprisonment for life or
imprisonment for life without the possibility of parole and may
not be sentenced to death.

(2) The sentence shall be imprisonment for life
unless the State notified the person in writing at least 30 days
prior to trial that the State intended to seek a sentence of
imprisonment for life without the possibility of parole under
this section or § 413 of this article.

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions
of this Act apply retrospectively to individuals who are awaiting
trial or sentencing by the courts of this State on July 1, 1989
and prospectively to any individual sentenced on or after July 1,
1989.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 25, 1989.

CHAPTER 678

(House Bill 680)

AN ACT concerning

Insurance Companies - Investments

FOR the purpose of altering the security requirements for
mortgage loans made or acquired by insurers other than life
insurers; altering a requirement that certain mortgage loans
or deeds of trust be held as a senior participation; and
generally relating to reserve investments of certain
insurers in mortgage loans and deeds of trust.

BY repealing and reenacting, with amendments,

Article 48A - Insurance Code
Section 104(6)

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