Bill > HB2538

This bill modifies the legal definition of an insanity defense in Kansas, expanding it to include two distinct circumstances where a defendant may be found not criminally responsible for their actions due to a mental disease or defect. Firstly, it allows for a defense if the defendant, due to a mental condition, lacked the specific mental state required for the crime charged, a concept known as lacking "culpable mental state." Secondly, it introduces a new defense if, at the time of the offense, the defendant's mental disease or defect was so severe that they did not understand the nature of their actions or that their actions were wrong. The bill also updates procedures for notifying the court and prosecution of such defenses, requires special jury questions to determine the basis of a "not guilty" verdict related to mental state, and outlines the process for commitment to a secure facility and subsequent evaluations and hearings for individuals acquitted under these new provisions, ensuring victim notification throughout.

Justice

Judiciary (House)

https://kslegislature.gov/li/b2025_26/measures/hb2538/