First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0183.01 Michael Dohr x4347   HOUSE BILL 13-1127
                    HOUSE SPONSORSHIP
 McNulty,  Stephens, Coram, DelGrosso, Gardner, Holbert, Lawrence, Scott, Szabo, Waller
 
                   SENATE SPONSORSHIP
 Lundberg,  Grantham, Scheffel
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning requiring the defendant to prove the
            affirmative defense of not guilty by reason of insanity
            by clear and convincing evidence.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Under current law, when a defendant pleads not guilty by reason
       of insanity and introduces any evidence of insanity, the prosecution has
       to prove beyond a reasonable doubt that the defendant was sane. The bill
       places the burden of proof on the defendant to prove insanity by clear and
       convincing evidence.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 16-8-105.5, amend
       (2) as follows:
            16-8-105.5.  Procedure after plea for offenses committed on or
       after July 1, 1995. (2)  Upon receiving the report of the sanity
       examination, the court shall immediately set the case for trial. Every
       person is presumed to be sane; but, once any evidence of insanity is
       introduced, the people have the burden of proving sanity beyond a
       reasonable doubt. The defendant has the burden of proving the
       affirmative defense of not guilty by reason of insanity by clear
       and convincing evidence.
            SECTION 2.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.