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KS HB2538
Bill
Status
1/23/2026
Primary Sponsor
Judiciary
Click for details
AI Summary
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Restores a traditional insanity defense in Kansas by allowing defendants to be found not guilty if, due to mental disease or defect, they did not know the nature and quality of their act or that the act was wrong
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Expands existing law beyond the current "mens rea" defense (lacking required mental state for the crime) to include a separate affirmative defense based on inability to understand wrongfulness
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Requires defendants to file written notice of intent to use the mental disease/defect defense no more than 30 days after entering a not guilty plea, with court-ordered mental examinations to follow
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Mandates commitment to the state security hospital or secure facility for defendants acquitted under this defense, with evaluation within 90 days and court hearing within 30 days to determine ongoing mental illness status
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Amends K.S.A. 21-5209, 22-3219, 22-3221, 22-3222, and 22-3428, taking effect upon publication in the statute book
Legislative Description
Providing an exception to criminal liability when a defendant has a mental disease or defect so as not to know the nature of the act or that such act was wrong.
Last Action
House Referred to Committee on Judiciary
1/23/2026