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H.B. 476

Failed

Insanity Defense Amendments

Rep. Carol S. Moss
Rep. Carol S. MossBill Sponsor
Sen. Todd Weiler
Sen. Todd WeilerFloor Sponsor
View on le.utah.gov
H.B. 476Failed

Insanity Defense Amendments

House
Senate
Governor

What This Bill Does

This bill modifies provisions relating to the criminal defense of not guilty by reason of insanity.

Key Provisions

This bill:

  • modifies the circumstances under which a defendant may plead not guilty to a first degree or capital felony by reason of insanity;
  • places the burden of proof on a defendant asserting a defense of not guilty by reason of insanity to a first degree or capital felony charge;
  • modifies provisions relating to supervision, assessment, and release of a defendant committed to the Department of Health and Human Services after being found not guilty of a criminal offense by reason of insanity;
  • provides that a judge presiding over the prosecution of an individual asserting the defense of not guilty by reason of insanity may exercise discretion in ordering the Department of Health and Human Services to conduct a mental examination of the defendant under certain circumstances;
  • defines terms; and
  • makes technical changes.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

Charged with a serious felony, a defendant who pleads not guilty by reason of insanity must now prove that claim by "clear and convincing evidence" — a high legal bar — rather than having the prosecution disprove it; the bill also narrows which mental conditions qualify, explicitly excluding personality disorders, psychopathy, and substance use disorders, while allowing the defense only for conditions like schizophrenia, bipolar I, PTSD, and other psychotic disorders. The bill also changes how courts and the Department of Health and Human Services oversee people committed after an insanity verdict, shifting mental health reviews from every six months to every twelve months and giving judges discretion — rather than a mandate — to order a state mental examination when a defendant raises the insanity defense.