1. (1)

   1. (a) When, at the time of arraignment, the defense of insanity is raised pursuant to section 16-8-103, and the defendant asserts the defendant's intention to raise the affirmative defense of impaired mental condition pursuant to section 16-8-103.5, the court shall order one examination of the defendant with regard to both defenses pursuant to section 16-8-106.
   2. (b) This subsection (1) applies to offenses committed before July 1, 1995.

2. (2)

   1. (a) When, at the time of arraignment, the defense of insanity is raised pursuant to section 16-8-103, the court shall order an examination of the defendant with regard to the insanity defense pursuant to section 16-8-106.
   2. (b) This subsection (2) applies to offenses committed on or after July 1, 1995.

3. (3)

   1. (a) When the defendant gives notice pursuant to section 16-8-107 (3) that the defendant intends to introduce evidence in the nature of expert opinion concerning the defendant's mental condition, the court shall order an examination of the defendant pursuant to section 16-8-106.
   2. (b) This subsection (3) applies to offenses committed on or after July 1, 1999.

Source: L. 83: Entire section added, p. 673, § 3, effective July 1. L. 95: Entire section amended, p. 74, § 7, effective July 1. L. 99: (3) added, p. 404, § 6, effective July 1. L. 2025: Entire section amended, (HB 25-1058), ch. 15, p. 43, § 7, effective August 6.