HB 1505: Prosecution of Defendants

GENERAL BILL by Weinberger

Prosecution of Defendants; Specifies that it is defense to prosecution under any law that defendant, as result of mental disease or defect, lacked culpable mental state required as element of crime charged; specifies that mental disease or defect is not otherwise defense to prosecution under any law; removes affirmative defense to criminal prosecution that, at time of commission of acts constituting offense, defendant was insane; revises mitigating circumstance under which departure from lowest permissible sentence is reasonably justified; authorizes incorporation into convicted defendant's criminal sentence certain specialized treatment for mental health disease or defects; specifies that certain provisions do not prevent sentencing court from considering defendant's mental disease or defect when imposing sentence within permissible sentencing range.

Current Bill Version Posted: 1/9/2026 06:16 PM

• Related Bills (1)

  Bill Number Subject Filed By Last Action and Location	Relationship Learn more about bill relationships
  S 1326 (c1) by Martin Prosecution of Defendants Last Action: 3/13/2026 S Died in Appropriations Committee on Criminal and Civil Justice	Compare

• Citations - Statute (4)

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  775.027	Insanity defense.	Page 2 (pdf)
  916.12	Mental competence to proceed.	Page 3 (pdf)
  921.0026	Mitigating circumstances.	Page 4 (pdf)
  921.245		Page 5 (pdf)

• Bill History

  S = Senate, H = House

  1/9/2026	H	• Filed
  1/13/2026	H	• 1st Reading (Original Filed Version)
  1/15/2026	H	• Referred to Criminal Justice Subcommittee • Referred to Judiciary Committee • Now in Criminal Justice Subcommittee
  3/13/2026	H	• Died in Criminal Justice Subcommittee