HB10-1239 Summary

• Requires defendants to provide notice to the court and prosecution if they intend to introduce evidence of a mental condition that prevented or impaired formation of the required mental state for the charged offense, with notice due at arraignment or at least thirty days before trial with good cause.

• Permits the court to order a defendant evaluation after receiving notice of intent to raise a mental condition defense, and allows time for examination and reports to be excluded from speedy trial calculations.

• Requires defendants to waive confidentiality and privilege protections related to their mental condition treatment when raising evidence of mental condition as a defense.

• Requires defendants to provide notice to the court and prosecution if they intend to raise an intoxication defense, including identification of all substances consumed and whether the intoxication was self-induced, with notice due at arraignment or at least thirty days before trial.

• Mandates prosecution and defense exchange names, addresses, reports, and statements of all practitioners who provided advice or prescribed substances relevant to an intoxication defense, and constitutes waiver of confidentiality and privilege protections for such communications.