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Committee approves substitute for SB 10 13 adding notice requirement for certain affirmatives defenses
Summary
The committee reported a substitute for Senate Bill 10 13 that establishes a notice procedure when a defendant intends to use an affirmative defense based on a diagnosed mental illness, neurocognitive disorder, or developmental disability; the substitute passed 14–5.
Lede: The Courts of Justice criminal subcommittee approved a substitute for Senate Bill 10 13 that creates a procedure requiring advance notice when a defendant intends to assert an affirmative defense based on a diagnosed mental illness, neurocognitive disorder or developmental disability. The substitute was reported by the committee on a roll call of 14–5.
Nut graf: Sponsors and counsel said the substitute adopts an existing notice framework drawn from § 19.2‑271.6 and applies it to cases where a defendant intends to offer evidence that their behavior was the result of a qualifying disorder when charged with assault and battery on a…
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