WILLIAM DONALD SCHAEFER, Governor

(3) "MENTALLY RETARDED" MEANS THE INDIVIDUAL HAS
SIGNIFICANTLY SUBAVERAGE INTELLECTUAL FUNCTIONING AS EVIDENCED BY
AN INTELLIGENCE QUOTIENT OF 70 OR BELOW ON AN INDIVIDUALLY
ADMINISTERED INTELLIGENCE QUOTIENT TEST AND IMPAIRMENT IN
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.

May 25, 1989

The Honorable Thomas V. Mike Miller, Jr.

President of the Senate

State House

Annapolis, Maryland 21401

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed Senate Bill 91.

This bill authorizes an alternate method of forming a hearing
board held on a complaint against a law enforcement officer,
under specified circumstances.

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