House Bill 26-011

This bill reintroduces and clarifies statutory affirmative defenses applicable to homicide offenses by establishing a unified legal framework governing claims of self-defense and insanity. The bill is intended to ensure consistent application of the law, clarify evidentiary standards, and reaffirm that the burden of proving criminal intent remains with the prosecution once an affirmative defense is properly raised.

The legislation creates a new article within Title 11 of the San Andreas Revised Statutes outlining the standards under which affirmative defenses may be asserted in homicide cases. The bill codifies the legal standard for self-defense, including the reasonable belief requirement and duty to retreat outside one’s dwelling, and clarifies that a defendant’s failure to remain at the scene of an incident does not automatically invalidate a self-defense claim.

Instead of requiring a defendant to remain at the scene, the bill establishes a mandatory reporting requirement requiring individuals asserting self-defense to notify law enforcement or emergency services as soon as reasonably practicable following the incident, unless doing so would create additional danger or prevent necessary medical treatment. Failure to report or cooperate may be considered by a fact finder when evaluating credibility but does not bar the defense if the prosecution cannot prove criminal culpability beyond a reasonable doubt.

The bill also codifies the insanity defense standard for homicide offenses, providing that individuals who, due to a severe mental disease or defect, were unable to appreciate the nature or wrongfulness of their actions may be found not guilty by reason of insanity and committed for treatment under existing law.