IN SB0155

Establishes a procedure for determining whether defendants charged with or convicted of murder have serious mental illness, defined as schizophrenia spectrum disorders, bipolar disorder, major depressive disorder, delusional disorder, posttraumatic stress disorder, or traumatic brain injury with active symptoms that substantially impair capacity to appreciate conduct or conform to law.

Requires courts to appoint two examiners (psychiatrist or psychologist) to evaluate defendants who file petitions alleging serious mental illness, with hearings conducted where defendants must prove their condition by preponderance of evidence.

Prohibits courts from imposing death sentences on defendants determined to have serious mental illness; those previously sentenced to death before July 1, 2017, may include serious mental illness claims in postconviction relief petitions filed by July 1, 2018.

Protects defendants by ensuring statements made during mental illness evaluations and hearings cannot be used against them on guilt issues, though examiners may testify in criminal proceedings.

Becomes effective July 1, 2017, and applies to offenses committed before and after that date with different procedural timelines for petition filing based on sentencing status.