SB 1030 - OFFENSE OF MURDER IN THE FIRST DEGREE (Section 565.020) Under current law, the offense of murder in the first degree is a class A felony, and if the person is 18 years or older, the punishment shall be either death or imprisonment for life without parole. This act provides that a person who raises the matter of having suffered from a serious mental illness at the time of the commission of the offense and is found to have suffered from a serious mental illness at the time of the commission of the offense shall not be eligible for a sentence of death due to serious mental illness. SERIOUS MENTAL ILLNESS OF A DEFENDANT (Section 565.028) Under this act, a person has a serious mental illness if the defendant has been diagnosed with schizophrenia, schizoaffective disorder, bipolar disorder with psychotic features, major depressive disorder with psychotic features, delusional disorders, traumatic brain injury, or posttraumatic stress disorder and, at the time of the commission of the offense, such diagnosis impaired the defendant's capacity to exercise rational judgment, conform his or her conduct to the requirements of the law, or appreciate the nature or wrongfulness of his or her conduct. A disorder manifested by repeated criminal conduct or attributable solely to the acute effects of voluntary substance abuse does not, solely alone, constitute a serious mental illness under this act. A diagnosis of a defendant with a mental illness under this act may be made at any time prior to, on, or after the date of the commission of the offense or may raise the issue of a serious mental illness at the time of the commission of the offense to exempt him or herself from eligibility for a sentence of death. Diagnosis of a mental illness after the date of the commission of the offense does not preclude the defendant from presenting evidence that the defendant had a serious mental illness at the time of the offense or from making a rebuttable presumption of having a mental illness at the time of the offense. If the defense raises the matter of the defendant's serious mental illness at the time of the commission of the offense, at the request of the prosecuting attorney or the defense, the court shall order an evaluation of the defendant pursuant to the provisions of this act. Any statement made by the defendant in an evaluation shall not be used against the defendant on the issue of guilt in any criminal action or proceeding. The prosecution shall have the burden of proving beyond a reasonable doubt that a serious mental illness did not significantly impair the defendant's capacity at the time of the commission of the offense. If the prosecution contests the application of the exemption of the death penalty, the defense shall be entitled to a pretrial hearing and determination on the eligibility for the exemption. If the court finds that the prosecution did not prove beyond a reasonable doubt the defendant did not have a serious mental illness, the court shall direct judgment on the matter of the exemption in favor of the defendant. If the court determines the exemption shall not apply, the defendant's right to have the issue submitted during the sentencing phase shall not be prejudiced. Under this act, a finding that the defendant is competent to stand trial shall not preclude the defendant from raising the matter of the defendant's serious mental illness at the time of the commission of the offense and does not limit the procedures of this act. This act is substantially similar to HB 1756 (2020) and similar to HB 353 (2019). MARY GRACE BRUNTRAGER