13-3993. Examination of defendant pleading not guilty by reason of insanity; privilege inapplicability; reports
A. In any criminal prosecution in which the defendant has declared the defendant's intent to invoke an insanity defense, on a showing of unequal resources the state shall have the right to nominate and have appointed for examination of the defendant to determine the defendant's mental state the same number of medical doctors and licensed psychologists that will testify on behalf of the defense.
B. If a defendant in a criminal prosecution refuses to be examined by the state's mental health experts, the court shall preclude the defendant from offering expert evidence of the defendant's mental state at the time of the alleged crime.
C. The privilege of confidential communications between a medical doctor or licensed psychologist and the defendant as it relates to the defendant's mental state at the time of the alleged crime does not apply if any mental disability defense is raised.
D. If any mental disability defense is raised, both the state and the defendant shall receive prior to the trial complete copies of any report by a medical doctor or licensed psychologist who examines the defendant to determine the defendant's mental state at the time of the alleged crime or the defendant's competency.
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