Colorado § 16-8-103.6 Waiver of privilege

Colorado Statutes

§ 16-8-103.6 — Waiver of privilege

Colorado § 16-8-103.6

Title 16Criminal

Art.Insanity - Release

This text of Colorado § 16-8-103.6 (Waiver of privilege) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 16-8-103.6 (2026).

Text

(1)(a) A defendant who places the defendant's mental condition at issue by pleading not guilty by reason of insanity pursuant to section 16-8-103, or asserting the affirmative defense of impaired mental condition pursuant to section 16-8-103.5, or disclosing witnesses who may provide evidence concerning the defendant's mental condition during a sentencing hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020, waives any claim of confidentiality or privilege as to communications made by the defendant to a physician or psychologist in the course of an examination or treatment for the mental condition for the purpose of any trial or hearing on the issue of the mental

Free access — add to your briefcase to read the full text and ask questions with AI

(1) (a) A defendant who places the
defendant's mental condition at issue by pleading not guilty by reason of insanity
pursuant to section 16-8-103, or asserting the affirmative defense of impaired
mental condition pursuant to section 16-8-103.5, or disclosing witnesses who may
provide evidence concerning the defendant's mental condition during a sentencing
hearing held pursuant to section 18-1.3-1201 for an offense charged prior to July 1,
2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1,
2020, waives any claim of confidentiality or privilege as to communications made by
the defendant to a physician or psychologist in the course of an examination or
treatment for the mental condition for the purpose of any trial or hearing on the
issue of the mental condition, or sentencing hearing conducted pursuant to section
18-1.3-1201 for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-1302 for an offense charged prior to July 1, 2020. The court shall order both the
prosecutor and the defendant to exchange the names, addresses, reports, and
statements of any physician or psychologist who has examined or treated the
defendant for the mental condition.

(b) This subsection (1) applies to offenses committed before July 1, 1995.

(2) (a) A defendant who places the defendant's mental condition at issue by
pleading not guilty by reason of insanity pursuant to section 16-8-103 or disclosing
witnesses who may provide evidence concerning the defendant's mental condition
during a sentencing hearing held pursuant to section 18-1.3-1201 for an offense
charged prior to July 1, 2020, or pursuant to section 18-1.4-102; or, for offenses
committed on or after July 1, 1999, by seeking to introduce evidence concerning the
defendant's mental condition pursuant to section 16-8-107 (3) waives any claim of
confidentiality or privilege as to communications made by the defendant to a
physician or psychologist in the course of an examination or treatment for the
mental condition for the purpose of any trial or hearing on the issue of the mental
condition, or sentencing hearing conducted pursuant to section 18-1.3-1201 for an
offense charged prior to July 1, 2020, or pursuant to section 18-1.4-102. The court
shall order both the prosecutor and the defendant to exchange the names,
addresses, reports, and statements of any physician or psychologist who has
examined or treated the defendant for the mental condition.

(b) This subsection (2) applies to offenses committed on or after July 1, 1995.

Legislative History

Source: L. 87: Entire section added, p. 622, � 1, effective July 1. L. 95: Entire section amended, p. 73, � 6, effective July 1. L. 98: Entire section amended, p. 381, � 2, effective April 21. L. 99: (2)(a) amended, p. 403, � 5, effective July 1. L. 2002: (1)(a) and (2)(a) amended, p. 1491, � 136, effective October 1. L. 2002, 3rd Ex. Sess.: (2)(a) amended, p. 29, �� 17, 18, effective July 12. L. 2008: (1)(a) and (2)(a) amended, p. 1850, � 4, effective July 1. L. 2020: (1)(a) and (2)(a) amended, (SB 20-100), ch. 61, p. 205, � 3, effective March 23. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 42, � 6, effective August 6.