22-3219. Defense of lack of mental state; notice and procedure; mental examination.
22-3219
22-3219. Defense of lack of mental state; notice and procedure; mentalexamination.(1) Evidence of mental disease or defect excluding criminalresponsibility is not admissible upon a trial unless the defendantserves upon the prosecuting attorney and files with the court a writtennotice of such defendant's intention to assert the defense that thedefendant, as a result of mental disease ordefect lacked the mental state required as an element of the offensecharged. Such notice must be served and filed before trial and not more than30 days after entry of the plea of not guilty to the information orindictment. For good cause shown the court may permit notice at a laterdate.
(2) A defendant who files a notice of intention to assert thedefense that thedefendant, as a result of mental diseaseordefect lacked the mental state required as an element of the offensecharged thereby submitsand consents to abide by suchfurther orders as the court may make requiring the mental examination ofthe defendant and designating the place of examination and the physicianor licensed psychologist by whom such examination shall bemade. No order of thecourt respecting a mental examination shall preclude the defendant fromprocuring at such defendant's own expense an examination by a physicianor licensed psychologist of such defendant's own choosing. A defendantrequestinga mental examination pursuant to K.S.A. 22-4508 and amendments theretomay request a physician or licensed psychologistof such defendant's own choosing. The judge shall inquire as to the estimatedcost for such examination and shall appoint the requested physician orlicensed psychologist if suchphysician or licensed psychologist agrees to accept compensation in anamount in accordance withthe compensation standards set by the board of supervisors of panels toaid indigent defendants. A report ofeach mental examination of the defendant shall be filed in the court andcopies thereof shall be supplied to the defendant and the prosecutingattorney.
History: L. 1970, ch. 129, § 22-3219; L. 1977, ch. 120, § 1;L. 1989, ch. 92, § 34;L. 1993, ch. 247, § 1;L. 1995, ch. 251, § 25; Jan. 1, 1996.