AZ SB1696

Adds serious mental illness as a condition that prevents a defendant from receiving the death penalty in Arizona capital cases, alongside existing intellectual disability protections.

Requires courts to appoint a prescreening psychological expert to evaluate whether a defendant had serious mental illness at the time of the offense when the state files notice of intent to seek the death penalty.

Defines "serious mental illness" as active symptoms of disorders including schizophrenia spectrum disorders, bipolar disorder, major depressive disorder, delusional disorder, posttraumatic stress disorder, or traumatic brain injury that substantially impair the defendant's capacity to appreciate wrongfulness, exercise rational judgment, or conform conduct to law.

Establishes a hearing process where the defendant must prove serious mental illness by clear and convincing evidence, and if proven, the court must dismiss the death penalty notice and impose life or natural life sentence instead.

Prohibits statements made during mental health evaluations from being used to prove guilt, though examiners may be called as witnesses by either party.