77-15a-105. Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.
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Effective 5/6/2026
77-15a-105. Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.
(1)If the defendant presents evidence or makes an argument that the defendant is exempt from a sentence of death under this chapter, the defendant shall make himself or herself available and fully cooperate in any examination by mental health experts appointed by the Department of Health and Human Services and any other independent examiners for the defense or the prosecution.
(2)If the defendant wilfully fails to make himself or herself available and fully cooperate in the examination, and that failure is established to the satisfaction of the court, the defendant is barred from presenting expert testimony relating to any exemption from a sentence of death under this chapter.
Amended by Chapter 345 , 2026 General Session