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.
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Bill History
Date Chamber Action 1/7/2026 Senate • Filed
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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: None Related Bills (1)
Bill Number Subject Filed By Relationship Last Action and Location Track Bills H 1505 Prosecution of Defendants Weinberger Identical Last Action: 1/9/2026 H Filed 
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)