Ind. Code § 35-36-9-4 : CRIMINAL LAW AND PROCEDURE — PRETRIAL NOTICES, MOTIONS, AND PROCEDURES — PRETRIAL DETERMINATION OF INTELLECTUAL DISABILITY IN DEATH SENTENCE CASES —36-9-4 - Hearing on petition TEXT PDF (a) The court shall conduct a hearing on the petition under this chapter. (b) At the hearing, the defendant must prove by clear and convincing evidence that the defendant is an individual with an intellectual disability. IC 35-36-9-4 Amended by P.L. 117-2015, SEC. 50, eff. 7/1/2015. As added by P.L. 158-1994, SEC.3. Amended by P.L. 99-2007, SEC.203.