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HB 25-1058 CO
Became Law

Not Guilty by Reason of Insanity Defense

CO · session 2025A · Assembly / House · bill

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Introduced Jan 8, 2025

Latest action (Mar 14, 2025) Introduced In House - Assigned to Judiciary

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.)

Sponsors (4)

17 coauthors / cosponsors

Action history (14)

  1. Mar 14, 2025 Governor Signed · executive
  2. Mar 7, 2025 Sent to the Governor · executive
  3. Mar 6, 2025 Signed by the President of the Senate · upper
  4. Mar 5, 2025 Signed by the Speaker of the House · lower
  5. Feb 18, 2025 Senate Third Reading Passed - No Amendments · upper
  6. Feb 14, 2025 Senate Second Reading Passed - No Amendments · upper
  7. Feb 13, 2025 Senate Second Reading Laid Over Daily - No Amendments · upper
  8. Feb 10, 2025 Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole · upper
  9. Feb 10, 2025 Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed · upper
  10. Jan 29, 2025 Introduced In Senate - Assigned to Judiciary · upper
  11. Jan 27, 2025 House Third Reading Passed - No Amendments · lower
  12. Jan 24, 2025 House Second Reading Special Order - Passed with Amendments - Committee · lower
  13. Jan 21, 2025 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
  14. Jan 8, 2025 Introduced In House - Assigned to Judiciary · lower

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