(1) (a) A person who is insane, as defined in section 16-8-101, C.R.S., is not responsible for his or her conduct defined as criminal. Insanity as a defense shall not be an issue in any prosecution unless it is raised by a plea of not guilty by reason of insanity as provided in section 16-8-103, C.R.S.
(b) This subsection (1) applies to offenses committed before July 1, 1995.
(2) (a) A person who is insane, as defined in section 16-8-101.5, C.R.S., is not responsible for his or her conduct defined as criminal. Insanity as a defense shall not be an issue in any prosecution unless it is raised by a plea of not guilty by reason of insanity as provided in section 16-8-103, C.R.S.
(b) This subsection (2) shall apply to offenses occurring on or after July 1, 1995.
Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-902. L. 72: p. 268, § 7. L. 96: Entire section amended, p. 5, § 4, effective January 31.
Cross references: (1) For pleading the defense of insanity, see Crim. P. 11(e).
(2) For the legislative intent of the 1996 amendments to this section, see §16-8-101.3.