HB 2047

Abstract

Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (b) an intellectual or developmental disability. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. The bill also adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.

Criminal proceedings; consideration of mentalcondition and intellectual and developmental disabilities. Permitsthe admission of evidence concerning a defendant's mental conditionat the time of an alleged offense, including expert testimony, ifsuch evidence (i) tends to show the defendant did or did not havethe specific mental state required for the offense charged and (ii)is otherwise admissible pursuant to the general rules of evidence.If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney forthe Commonwealth. The bill also clarifies that a diagnosis of anintellectual or developmental disability shall be considered by ajudicial officer for the purpose of rebuttal of a presumption againstbail and that a court may order that a sentencing report preparedby a probation officer contain any diagnosis of an intellectual ordevelopmental disability.