Bill Summary

by Weinberger

Prosecution of Defendants: Specifies that it is defense to prosecution under any law that defendant, as result of mental disease or defect, lacked culpable mental state required as element of crime charged; specifies that mental disease or defect is not otherwise defense to prosecution under any law; removes affirmative defense to criminal prosecution that, at time of commission of acts constituting offense, defendant was insane; revises mitigating circumstance under which departure from lowest permissible sentence is reasonably justified; authorizes incorporation into convicted defendant's criminal sentence certain specialized treatment for mental health disease or defects; specifies that certain provisions do not prevent sentencing court from considering defendant's mental disease or defect when imposing sentence within permissible sentencing range. Effective Date: October 1, 2026

Committee references not assigned.