Not Guilty by Reason of Insanity Defense
Summary
When a plea of not guilty by reason of insanity is accepted by a court, the act requires the court, in consultation with the department of human services (CDHS) and the parties, to determine whether a sanity examination requires the defendant to stay overnight for an extended examination and the number of days of the extended examination. If the defendant is in custody, the act authorizes the sanity examination to be conducted at the jail or place of confinement or at a facility operated by or under contract with CDHS. If the defendant is at liberty on summons or on bond, the act authorizes the sanity examination to be conducted at a facility operated by or contracted with CDHS or at an out-of-custody location that the court and CDHS determine is appropriate. If a sanity examination is recorded, the act prohibits a defendant from being dressed in prison or jail clothing and prohibits restraints on the defendant from being visible on the recording. Current law authorizes psychiatrists, forensic psychologists, and other personnel conducting a sanity examination to conduct a narcoanalytic interview of the defendant with drugs that are medically appropriate, to subject the defendant to a polygraph examination, and to testify to the results of the procedures, statements, and reactions of the defendant. The act repeals this provision. The act makes conforming amendments and technical corrections. (Note: This summary applies to this bill as enacted.)
Bill status
signed
all 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House Passage
Jan 2025
Senate Passage
Feb 2025
Signed into Law
Mar 2025
Introduced Jan 8, 2025
Signed Mar 14, 2025
Maddy AI version diff · 7 comparisons
What changed between versions
Rerevised (02/18/2025)
→
Revised (02/14/2025)
·
4 edits
MODERATE
The bill was revised to remove Senate sponsors and update the revision date from the 3rd Reading to reflect amendments adopted on second reading. A substantive definition was added clarifying that 'forensic psychologist' includes those board certified by the American Board of Professional Psychology or those who completed a fellowship meeting established criteria. The definition of 'GENDER IDENTITY' and 'GENDER EXPRESSION' was also added to reference existing state law.
TECHNICAL
Removed Senate sponsorship names (Michaelson Jenet, Amabile, Cutter, Ball, Coleman, Gonzales J., Jodeh, Kipp, Marchman, Rodriguez, Weissman) from the bill text.
Updated the revision header from 'REREVISED' to 'REVISED' and changed the date reference from '3rd Reading Unamended February 18, 2025' to 'Revised February 14, 2025' to reflect amendments adopted on second reading.
DEFINITION
Added a definition for 'forensic psychologist' to include individuals board certified by the American Board of Professional Psychology or those who completed a fellowship meeting criteria established by the American Board of Forensic Psychology.
Added a definition stating that 'GENDER IDENTITY' and 'GENDER EXPRESSION' have the same meaning as set forth in Section 18-1-901.
Floor votes · Senate Feb 18, 2025 · House Jan 27, 2025
How they voted
22–11
Passed
Total votes 33
Feb 18, 2025
D
Democratic21
100% Yea
R
Republican12
91% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
14
Key actions
5
Committee
2
Mar 14, 2025
Signed into law
Governor Signed
executive
Feb 18, 2025
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
Feb 10, 2025
Upper · Passed
Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole
upper
Jan 29, 2025
Introduced
Introduced In Senate - Assigned to Judiciary
upper
Jan 27, 2025
Lower · Passed
House Third Reading Passed - No Amendments
lower
Jan 21, 2025
Lower · Passed
House Committee on Judiciary Refer Amended to House Committee of the Whole
lower
Jan 8, 2025
Introduced
Introduced In House - Assigned to Judiciary
lower
4 primary · 17 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Dafna Michaelson Jenet
DDemocratic
P
Judy Amabile
DDemocratic
P
Mary Bradfield
RRepublican
P
Regina English
DDemocratic
Co
Cathy Kipp
DDemocratic
Co
Chad Clifford
DDemocratic
Co
Gretchen Rydin
DDemocratic
Co
Iman Jodeh
DDemocratic
Co
James Coleman
DDemocratic
Co
Janice Marchman
DDemocratic
Co
Javier Mabrey
DDemocratic
Co
Julie Gonzales
DDemocratic
Co
Julie McCluskie
DDemocratic
Co
Junie Joseph
DDemocratic
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