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SB 1326: Prosecution of Defendants

GENERAL BILL by Martin

Prosecution of Defendants; Specifying that it is a defense to a prosecution under any law that a defendant, as a result of mental disease or defect, lacked the culpable mental state required as an element of the crime charged; requiring an expert examining a defendant’s mental competence to proceed to administer a clinically recognized instrument to determine whether the defendant is malingering and include the results in his or her report; revising a mitigating circumstance under which a departure from the lowest permissible sentence is reasonably justified; authorizing the incorporation into a convicted defendant’s criminal sentence certain specialized treatment for mental health disease or defects, etc.

Effective Date: 10/1/2026
Last Action: 2/2/2026 Senate - CS by Criminal Justice; YEAS 5 NAYS 2
Bill Text: Web Page | PDF
Senate Committee References:
  1. Criminal Justice (CJ)
  2. Judiciary (JU)
  3. Rules (RC)

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  • Bill History

    Date Chamber Action
    1/7/2026 Senate • Filed
    1/16/2026 Senate • Referred to Criminal Justice; Judiciary; Rules
    1/21/2026 Senate • On Committee agenda-- Criminal Justice, 01/26/26, 3:30 pm, 37 Senate Building --Pending Reconsideration (Favorable; YEAS 4 NAYS 3)
    1/22/2026 Senate • Introduced
    1/28/2026 Senate • On Committee agenda-- Criminal Justice, 02/02/26, 3:30 pm, 37 Senate Building --Motion to Reconsider Adopted
    2/2/2026 Senate • CS by Criminal Justice; YEAS 5 NAYS 2

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  • SB 1326, Original Filed Version (Current Bill Version) Posted 1/7/2026 at 12:08 PM

    Bill Text:   Web Page | PDF
    Analyses:   Criminal Justice (Pre-Meeting) 1/23/2026 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 1505 Prosecution of Defendants Weinberger Identical Last Action: 1/15/2026 H Now in Criminal Justice Subcommittee Track This Bill

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    807564 - Amendment (Delete All)
    Delete everything after the enacting clause and insert:     		Criminal Justice
    (Martin)     		1/30/2026
    3:17 PM     		Replaced by Committee Substitute
    2/2/2026     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    2/2/2026 3:30 PM Criminal Justice 5 Yeas - 2 Nays

    Citations - Statutes (4)

    Citation Catchline Location in Bill Location In Bill Help
    775.027 Insanity defense. Page 2 (pdf)
    916.12 Mental competence to proceed. Page 3 (pdf)
    921.0026 Mitigating circumstances. Page 3 (pdf)
    921.245 Page 4 (pdf)

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