13-3993

13-3993. Examination of defendant pleading not
guilty by reason of insanity; privilege inapplicability;
reports

A. In any criminal prosecution in which the defendant has declared the defendant's
intent to invoke an insanity defense, on a showing of unequal resources the state shall
have the right to nominate and have appointed for examination of the defendant to
determine the defendant's mental state the same number of medical doctors and licensed
psychologists that will testify on behalf of the defense.

B. If a defendant in a criminal prosecution refuses to be examined by the state's
mental health experts, the court shall preclude the defendant from offering expert
evidence of the defendant's mental state at the time of the alleged crime.

C. The privilege of confidential communications between a medical doctor or
licensed psychologist and the defendant as it relates to the defendant's mental state at
the time of the alleged crime does not apply if any mental disability defense is raised.

D. If any mental disability defense is raised, both the state and the defendant
shall receive prior to the trial complete copies of any report by a medical doctor or
licensed psychologist who examines the defendant to determine the defendant's mental
state at the time of the alleged crime or the defendant's competency.