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CO HB1058

Bill

Status

Passed

3/14/2025

Primary Sponsor

Mary Bradfield

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Repeals the exclusion that prevented defendants from claiming "diseased or defective in mind" status based solely on repeated criminal or antisocial conduct, consolidating definitions into a single definitions section (16-8-102) applicable to all insanity-related proceedings

  • Clarifies that knowledge or awareness of a victim's gender, gender identity, gender expression, or sexual orientation does not constitute an inability to distinguish right from wrong for purposes of the insanity defense

  • Modifies sanity examination procedures to allow courts to determine examination locations (jail, state hospital, or out-of-custody location) in consultation with the Department of Human Services, rather than automatically committing defendants for examination

  • Requires video and audio recording of sanity examinations in cases involving class 1 or 2 felonies or felony sex offenses, with protections requiring defendants not wear prison clothing during recorded examinations

  • Updates terminology throughout the insanity statutes by replacing "Colorado mental health institute at Pueblo" with "state-run mental health hospital" and allowing chief officers to designate staff to perform various administrative functions related to release determinations and conditional release supervision

Legislative Description

Not Guilty by Reason of Insanity Defense

Courts & Judicial

Last Action

Governor Signed

3/14/2025

Committee Referrals

Judiciary1/29/2025
Committee of the Whole1/21/2025
Judiciary1/8/2025

Full Bill Text

No bill text available