Bill Text: IN SB0435 | 2013 | Regular Session | Introduced
Bill Title: Insanity defense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Corrections & Criminal Law [SB0435 Detail]
Download: Indiana-2013-SB0435-Introduced.html
Citations Affected: IC 35-36.
Synopsis: Insanity defense. Provides that at least one psychiatrist or
psychologist must be appointed by a court to examine a defendant who
raises the defense of insanity. (Current law requires that at least one
psychiatrist must be appointed.) Provides that a court appointed
psychiatrist, psychologist, or physician appointed to examine a
defendant who raises the defense of insanity must have expertise in
determining insanity. Corrects a reference to the state psychology
board.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Corrections & Criminal
Law.
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(b) When notice of an insanity defense is filed, the court shall appoint two (2) or three (3) competent disinterested:
(1) psychiatrists;
(2) psychologists endorsed by the state psychology board as health service providers in psychology; or
(3) physicians;
who have expertise in determining insanity. At least one (1) of
the defense, including testimony of any medical experts employed by
the state or by the defense.
(c) If a defendant does not adequately communicate, participate, and
cooperate with the medical witnesses appointed by the court, after
being ordered to do so by the court, the defendant may not present as
evidence the testimony of any other medical witness:
(1) with whom the defendant adequately communicated,
participated, and cooperated; and
(2) whose opinion is based upon examinations of the defendant;
unless the defendant shows by a preponderance of the evidence that the
defendant's failure to communicate, participate, or cooperate with the
medical witnesses appointed by the court was caused by the defendant's
mental illness.
(d) The medical witnesses appointed by the court may be
cross-examined by both the prosecution and the defense, and each side
may introduce evidence in rebuttal to the testimony of such a medical
witness.
(1) psychiatrists;
(2) psychologists endorsed by the
(3) physicians;
who have expertise in determining competency. At least one (1) of the individuals appointed under this subsection must be a psychiatrist or psychologist. However, none may be an employee or a contractor of a state institution (as defined in IC 12-7-2-184). The individuals who are appointed shall examine the defendant and testify at the hearing as to whether the defendant can understand the proceedings and assist in the preparation of the defendant's defense.
(b) At the hearing, other evidence relevant to whether the defendant has the ability to understand the proceedings and assist in the preparation of the defendant's defense may be introduced. If the court finds that the defendant has the ability to understand the proceedings
and assist in the preparation of the defendant's defense, the trial shall
proceed. If the court finds that the defendant lacks this ability, it shall
delay or continue the trial and order the defendant committed to the
division of mental health and addiction. The division of mental health
and addiction shall provide competency restoration services or enter
into a contract for the provision of competency restoration services by
a third party in the:
(1) location where the defendant currently resides; or
(2) least restrictive setting appropriate to the needs of the
defendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentence in
the department of correction at the time the defendant is committed to
the division of mental health and addiction under this section, the
division of mental health and addiction shall provide competency
restoration services or enter into a contract for the provision of
competency restoration services by a third party at a department of
correction facility agreed upon by the division of mental health and
addiction or the third party contractor and the department of correction.
(c) If the court makes a finding under subsection (b), the court shall
transmit any information required by the division of state court
administration to the division of state court administration for
transmission to the NICS (as defined in IC 35-47-2.5-2.5) in
accordance with IC 33-24-6-3.
