563.033. Battered spouse syndrome evidence that defendant acted in self-defense or defense of another--procedure.
Battered spouse syndrome evidence that defendant acted in self-defenseor defense of another--procedure.
563.033. 1. Evidence that the actor was suffering from thebattered spouse syndrome shall be admissible upon the issue ofwhether the actor lawfully acted in self-defense or defense ofanother.
2. If the defendant proposes to offer evidence of thebattered spouse syndrome, he shall file written notice thereofwith the court in advance of trial. Thereafter, the court, uponmotion of the state, shall appoint one or more privatepsychiatrists or psychologists, as defined in section 632.005,RSMo, or physicians with a minimum of one year training orexperience in providing treatment or services to mentallyretarded or mentally ill individuals, who are neither employeesnor contractors of the department of mental health for thepurposes of performing the examination in question, to examinethe accused, or shall direct the director of the department ofmental health, or his designee, to have the accused so examinedby one or more psychiatrists or psychologists, as defined insection 632.005, RSMo, or physicians with a minimum of one yeartraining or experience in providing treatment or services tomentally retarded or mentally ill individuals designated by thedirector, or his designee, for the purpose of examining thedefendant. No private psychiatrist, psychologist, or physicianshall be appointed by the court unless he has consented to act.The examinations ordered shall be made at such time and place andunder such conditions as the court deems proper; except that ifthe order directs the director of the department of mental healthto have the accused examined, the director, or his designee,shall determine the reasonable time, place and conditions underwhich the examination shall be conducted. The order may includeprovisions for the interview of witnesses.
3. No statement made by the accused in the course of anysuch examination and no information received by any physician orother person in the course thereof, whether such examination wasmade with or without the consent of the accused or upon hismotion or upon that of others, shall be admitted in evidenceagainst the accused on the issue of whether he committed the actcharged against him in any criminal proceeding then or thereafterpending in any court, state or federal.
(L. 1987 H.B. 341)(1990) Evidence of "battered spouse syndrome" admissible in claims of self-defense does not depend on defendant's marital status. (Mo.App.E.D.) State v. Williams, 787 S.W.2d 308.
(1995) Where wife looked for someone to kill her husband for over three months prior to murder, statute prohibits the battered spouse syndrome because defendant had not been able to raise the issue of self-defense. Anderson v. Goeke, 44 F.3d 675 (8th Cir.).