Section 552.015

Title XXXVII CRIMINAL PROCEDURE

Chapter 552

Effective - 28 Aug 2011   

  552.015.  Evidence of mental disease or defect, admissible, when. — 1.  Evidence that the defendant did or did not suffer mental disease or defect shall not be admissible in a criminal prosecution except as provided in this section.

  2.  Evidence that the defendant did or did not suffer from a mental disease or defect shall be admissible in a criminal proceeding:

  (1)  To determine whether the defendant lacks capacity to understand the proceedings against him or to assist in his own defense as provided in section 552.020;

  (2)  To determine whether the defendant is criminally responsible as provided in section 552.030;

  (3)  To determine whether a person committed to the director of the department of mental health pursuant to this chapter shall be released as provided in section 552.040;

  (4)  To determine if a person in the custody of any correctional institution needs care in a mental hospital as provided in section 552.050;

  (5)  To determine whether a person condemned to death shall be executed as provided in sections 552.060 and 552.070;

  (6)  To determine whether or not the defendant, if found guilty, should be sentenced to death as provided in chapter 558;

  (7)  To determine the appropriate disposition of a defendant, if guilty, as provided in sections 557.011 and 557.031;

  (8)  To prove that the defendant did or did not have a state of mind which is an element of the offense;

  (9)  To determine if the defendant, if found not guilty by reason of mental disease or defect, should be immediately conditionally released by the court under the provisions of section 552.040 to the community or committed to a mental health or developmental disability facility.  This question shall not be asked regarding defendants charged with any of the dangerous felonies as defined in section 556.061, or with those crimes set forth in subsection 11^* of section 552.040, or the attempts thereof.

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(L. 1985 S.B. 265 § 552.090, A.L. 1994 S.B. 763, A.L. 2011 H.B. 555 merged with H.B. 648)

*Subsection 11 of section 552.040 was renumbered to subsection 12 and the specific crimes were repealed by S.B. 884 & 841, 1996.