House Bill 26-011

This act establishes a uniform statutory framework for the affirmative defenses of self-defense and insanity in homicide cases. It provides that a defendant who raises either defense bears the burden of proving the defense by a preponderance of the evidence, while the prosecution continues to bear responsibility for proving the underlying elements of the charged offense. The act is intended to ensure that these defenses apply to legitimate cases of justification or incapacity while providing consistent standards for courts handling homicide prosecutions.

This act provides that a person may use force, including deadly force, when the person reasonably believes it is necessary to protect themselves or another person from the imminent use of unlawful force. Reasonableness must be evaluated from the perspective of a reasonable person in the defendant's circumstances, including the defendant's prior knowledge of threats or violence. A person generally has a duty to retreat when safe retreat is reasonably available and known to them, but no such duty applies within the person's dwelling or lawful residence. The act also expressly permits defensive force to protect another person when the defendant reasonably believes that person would themselves be justified in using such force.

This act requires a person asserting self-defense to make reasonable efforts to notify law enforcement or emergency services as soon as practicable when it can safely be done. Failure to report the incident does not prevent a defendant from asserting self-defense but may be considered when evaluating credibility. The act preserves constitutional protections against self-incrimination and allows courts or juries evaluating post-incident behavior to consider the effects of shock, fear, injury, or psychological trauma.

This act also establishes insanity as an affirmative defense when, because of a severe mental disease or defect, the defendant lacked substantial capacity to appreciate the wrongfulness of their conduct or conform their conduct to the requirements of law. Existing procedures governing psychiatric examinations and findings of not guilty by reason of insanity remain applicable, including commitment to a state mental health facility following an NGRI finding. Courts must provide standardized jury instructions explaining the applicable burden of proof. The act contains a safety clause and took effect immediately upon approval on April 1, 2026.