SB 1315

Abstract

Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence offered by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, 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. If a defendant intends to introduce such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth. 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 diagnoses of an intellectual or developmental disability. Lastly, the bill 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. This bill incorporates SB 1383.

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 expert testimony evidence, thebill requires him or his counsel to give notice in writing to theattorney for the Commonwealth. The bill also clarifies that a diagnosisof an intellectual or developmental disability shall be consideredby a judicial officer for the purpose of rebuttal of a presumptionagainst bail and that a court may order that a sentencing reportprepared by a probation officer contain any diagnoses of an intellectualor developmental disability. Lastly, the bill adds to the requirementsto be met for qualification as a court-appointed attorney two hoursof continuing legal education, which shall cover the representationof individuals with behavioral or mental health disorders and individualswith intellectual or developmental disabilities.