HB 10-1239
CONCERNING REQUIRING A DEFENDANT TO PROVIDE NOTICE OF THE
INTENT TO RAISE CERTAIN STATUTORY DEFENSES.
The bill requires a defendant who intends to offer evidence of a mental condition that prevented or impaired the formation of the required mental state for the crime to provide notice of that intent to the court and prosecution. The court may order an evaluation of the defendant after receiving the notice. By putting the mental condition at issue, the defendant waives confidentiality and privilege related to his or her treatment for the mental condition. If a defendant intends to use the defense of intoxication, the bill requires that he or she provide notice to the court and the prosecution of that intent. The notice must include all substances taken and whether the intoxication was voluntary. By raising the defense of intoxication, the defendant waives confidentiality and privilege related to the substances. Both the prosecution and the defense must exchange the names, reports, and statements of the practitioners who provided the substance.
This bill was killed in the house Judiciary Committee on a party line vote.