February 19, 2026
Nate Crippes / Public Affairs Supervising Attorney
ncrippes@disabilitylawcenter.org
Andrew Riggle / Public Policy Advocate
ariggle@disabilitylawcenter.org
(801) 363-1347 / (800) 662-9080
disabilitylawcenter.org
Good morning. My name’s Andrew Riggle. I’m the Disability Law Center’s public policy advocate.
Allowing only one opportunity to assert an exemption from the sentence of death due to an intellectual disability may violate the Supreme Court’s decision in Atkins v Virginia, which found executing an individual with an intellectual disability is cruel and unusual punishment.
In Hall v Florida, the court ruled states cannot establish a rigid IQ cutoff for an Atkins claim because “[i]ntellectual disability is a condition, not a number.“ IQ may also change due to education, experience, injury, etc. Additionally, a test’s margin of error can be plus or minus five points.
Therefore, the prescreening determination needs to be based on the full definition of ID, which HB 495 references earlier as a significant limitation in intellectual functioning and adaptive behavior before 22.
We understand our concern may not be the whole aim of the bill. Nevertheless, we thank Rep. Pierucci and the committee for considering our feedback.