552.015. Evidence of mental disease or defect, admissible, when. - Missouri Statutes

Evidence of mental disease or defect, admissible, when.

552.015. 1. Evidence that the defendant did or did notsuffer mental disease or defect shall not be admissible in acriminal prosecution except as provided in this section.

2. Evidence that the defendant did or did not suffer from amental disease or defect shall be admissible in a criminalproceeding:

(1) To determine whether the defendant lacks capacity tounderstand the proceedings against him or to assist in his owndefense as provided in section 552.020;

(2) To determine whether the defendant is criminallyresponsible as provided in section 552.030;

(3) To determine whether a person committed to the directorof the department of mental health pursuant to this chapter shallbe released as provided in section 552.040;

(4) To determine if a person in the custody of anycorrectional institution needs care in a mental hospital asprovided in section 552.050;

(5) To determine whether a person condemned to death shallbe executed as provided in sections 552.060 and 552.070;

(6) To determine whether or not the defendant, if foundguilty, should be sentenced to death as provided in chapter 558,RSMo;

(7) To determine the appropriate disposition of adefendant, if guilty, as provided in sections 557.011 and557.031, RSMo;

(8) To prove that the defendant did or did not have a stateof mind which is an element of the offense;

(9) To determine if the defendant, if found not guilty byreason of mental disease or defect, should be immediatelyconditionally released by the court under the provisions ofsection 552.040 to the community or committed to a mental healthor mental retardation facility. This question shall not be askedregarding defendants charged with any of the dangerous feloniesas defined in section 556.061, RSMo, or with those crimes setforth in subsection 11 of section 552.040, or the attemptsthereof.

(L. 1985 S.B. 265 § 552.090, A.L. 1994 S.B. 763)