WeVote
Log In

Bill

Bill

SB 1013

Neurocognitive disorder, etc.; affirmative defense to prosecution.

2025 Regular Session Introduced by Jennifer Boysko and 1 co-sponsor

Bill would allow criminal defendants with diagnosed neurocognitive disorders to claim incapacity as affirmative defense; Governor vetoed it, Senate sustained veto.

Senate sustained Governor's veto
0
WeVote Research Nonpartisan
Bill Summary · SB 1013

Legislative bill overview

SB 1013 would have created an affirmative defense to criminal prosecution for individuals with diagnosed neurocognitive disorders (such as dementia, Alzheimer's disease, and traumatic brain injury) who lack the capacity to understand the nature or consequences of their actions. The bill aimed to allow defendants to present evidence of their neurological condition as a legal defense, shifting some burden of proof to the defendant while requiring clear and convincing evidence of incapacity.

Why is this important

This legislation addresses a genuine gap in criminal law: individuals with severe cognitive impairment may commit acts without legal or moral culpability. The bill could prevent incarceration of people whose criminal behavior stems from neurological conditions beyond their control, while raising questions about public safety, victim protection, and appropriate alternative interventions like medical care or supervised settings.

Potential points of contention

  • Public safety concerns: Critics worry the defense could allow individuals with dangerous conditions to avoid accountability, potentially endangering communities if alternatives to incarceration aren't clearly specified
  • Diagnostic subjectivity: "Neurocognitive disorder" and assessments of capacity lack clear, objective standards, creating potential for inconsistent application and manipulation
  • Victim and defendant fairness: The affirmative defense may disadvantage victims seeking accountability while creating inequitable outcomes based on access to medical experts who can document conditions

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.