§ 35-41-3-11 — Mental disease or defect; use of justifiable reasonable force

(a) As used in this section, "defendant"
refers to an individual charged with any crime involving the use of
force against a person.
(b) This section applies under the following circumstances when the
defendant in a prosecution raises the issue that the defendant was at the
time of the alleged crime suffering from the effects of battery as a result
of the past course of conduct of the individual who is the victim of the
alleged crime:
(1) The defendant raises the issue that the defendant was not
responsible as a result of mental disease or defect under section
6 of this chapter, rendering the defendant unable to appreciate the
wrongfulness of the conduct at the time of the crime.
(2) The defendant claims to have used justifiable reasonable force
under section 2 of this chapter. The defendant has the burden of
going forward to produce evidence from which a trier of fact
could find support for the reasonableness of the defendant's belief
in the imminence of the use of unlawful force or, when deadly
force is employed, the imminence of serious bodily injury to the
defendant or a third person or the commission of a forcible felony.
(c) If a defendant proposes to claim the use of justifiable reasonable
force under subsection (b)(2), the defendant must file a written motion
of that intent with the trial court not later than:
(1) twenty (20) days if the defendant is charged with a felony; or
(2) ten (10) days if the defendant is charged only with one (1) or
more misdemeanors;
before the omnibus date. However, in the interest of justice and upon
a showing of good cause, the court may permit the filing to be made at
any time before the commencement of the trial.
(d) The introduction of any expert testimony under this section shall
be in accordance with the Indiana Rules of Evidence.

Legislative History

As added by P.L.210-1997, SEC.5.