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CO HB1058
Bill
Status
3/14/2025
Primary Sponsor
Mary Bradfield
Click for details
AI Summary
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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
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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
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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
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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
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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