The bill amends several sections of Kansas law regarding criminal liability and the defense of mental disease or defect. It establishes that a defendant may be excused from criminal liability if, due to a mental disease or defect, they did not understand the nature of their actions or that those actions were wrong. Specifically, it modifies K.S.A. 21-5209 to clarify that mental disease or defect can serve as a defense, and it requires defendants to provide written notice of their intention to assert this defense within a specified timeframe. The bill also outlines procedures for mental examinations and the handling of cases where a defendant is found not guilty due to mental incapacity.

Additionally, the bill introduces new provisions for jury instructions and special questions to be answered in cases where mental disease or defect is a factor in the verdict. It mandates that if a jury finds a defendant not guilty based on mental incapacity, the defendant may be committed to a secure facility for treatment. The bill repeals existing sections of law that are replaced by these amendments, ensuring that the legal framework surrounding mental health defenses in criminal cases is updated and clarified.

Statutes affected:
As introduced: 21-5209, 22-3219, 22-3221, 22-3222, 22-3428, 22-3429