§ 35-36-2-2 — Insanity defense; appointment of psychiatrists, psychologists, and physicians; admissibility of evidence

Indiana § 35-36-2-2

• Jurisdiction: Indiana
• Art. 36: PRETRIAL NOTICES, MOTIONS, AND
• Ch. 2: Affirmative Defense of Insanity or Mental Illness

Text

(a) At the trial of a criminal case in which the
defendant intends to interpose the defense of insanity, evidence may be
introduced to prove the defendant's sanity or insanity at the time at
which the defendant is alleged to have committed the offense charged
in the indictment or information.
(b) When notice of an insanity defense is filed in a case in which the
defendant is not charged with a homicide offense under IC 35-42-1, the
court shall appoint two (2) or three (3) competent disinterested:
(1) psychiatrists;
(2) psychologists endorsed by the state psychology board as
health service providers in psychology; or
(3) physicians;
who have expertise in determining insanity. At least one (1) of the
individuals appointed under this subsection must be a psychiatrist or
psychologist. The individuals appointed under this subsection shall
examine the defendant and testify at the trial. This testimony shall
follow the presentation of the evidence for the prosecution and for the
defense, including the testimony of any mental health experts employed
by the state or by the defense.
(c) When notice of an insanity defense is filed in a case in which the
defendant is charged with a homicide offense under IC 35-42-1, the
court shall appoint two (2) or three (3) competent disinterested:
(1) psychiatrists;
(2) psychologists endorsed by the state psychology board as
health service providers in psychology; or
(3) physicians;
who have expertise in determining insanity. At least one (1) individual
appointed under this subsection must be a psychiatrist and at least one
(1) individual appointed under this subsection must be a psychologist.
The individuals appointed under this subsection shall examine the
defendant and testify at the trial. This testimony must follow the
presentation of the evidence for the prosecution and for the defense,
including the testimony of any mental health experts employed by the
state or by the defense.
(d) If a defendant does not adequately communicate, participate, and
cooperate with the mental health witnesses appointed by the court after
being ordered to do so by the court, the defendant may not present as
evidence the testimony of any other mental health witness:
(1) with whom the defendant adequately communicated,
participated, and cooperated; and
(2) whose opinion is based upon examinations of the defendant;
unless the defendant shows by a preponderance of the evidence that the
defendant's failure to communicate, participate, or cooperate with the
mental health witnesses appointed by the court was caused by the
defendant's mental illness.
(e) The mental health witnesses appointed by the court may be
cross-examined by both the prosecution and the defense, and each side
may introduce evidence in rebuttal to the testimony of a mental health
witness.
As added by Acts 1981, P.L.298, SEC.5. Amended by
P.L.321-1983, SEC.2; P.L.19-1986, SEC.59; P.L.149-1987, SEC.119;
P.L.77-2004, SEC.3; P.L.54-2014, SEC.1.