HB 25-1058: Not Guilty by Reason of Insanity Defense

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.)

Sponsors

Sponsors by party (alphabetical): Democratic 19 · Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. March 14, 2025Governor Signed
2. March 7, 2025Sent to the Governor
3. March 6, 2025Signed by the President of the Senate
4. March 5, 2025Signed by the Speaker of the House
5. February 18, 2025Senate Third Reading Passed - No Amendments
6. February 14, 2025Senate Second Reading Passed - No Amendments
7. February 13, 2025Senate Second Reading Laid Over Daily - No Amendments
8. February 10, 2025Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed
9. February 10, 2025Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole
10. January 29, 2025Introduced In Senate - Assigned to Judiciary
11. January 27, 2025House Third Reading Passed - No Amendments
12. January 24, 2025House Second Reading Special Order - Passed with Amendments - Committee

Showing 12 most recent of 14 actions. Full history