HB1694 Summary

• Applies only to offenses committed on or after the effective date of the act and does not apply retroactively.

• Defines "serious mental illness" as one or more disorders (schizophrenia spectrum disorders, bipolar disorder, major depressive disorder, delusional disorder, post-traumatic stress disorder, or disorders resulting from traumatic brain injury) that substantially impair a defendant's capacity to appreciate the nature or wrongfulness of their conduct or conform conduct to the law.

• Allows a defendant charged with a capital offense to petition the trial court for an evaluation by two licensed psychiatrists or psychologists to determine whether the defendant has a serious mental illness.

• Requires the trial court to conduct a hearing and determine by preponderance of the evidence whether the defendant has a serious mental illness, issuing written findings within 30 days.

• Prohibits the state from seeking the death penalty if the court determines the defendant has a serious mental illness, but permits the state to seek life imprisonment without parole.