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      CHC 869     


Art. 869. Insanity plea; appointment of sanity commission

            A. In addition to the provisions of Article 867, when a child contests an adjudication based on his insanity, the court shall appoint counsel in accordance with Article 809(C) and may appoint a sanity commission as provided for in Article 869.1 to make an examination as to the child's mental condition at the time of the offense. The court may also order the commission to examine the child's present mental capacity to proceed.

            B. The child has the burden to establish by a preponderance of the evidence that he was insane at the time of the offense.

            C. Mental examinations and reports under this Article shall be conducted and filed in conformity with Chapter 7 of this Title.

            D. The costs of such court ordered mental examinations shall be paid in accordance with Chapter 3 of Title XXI of the Code of Criminal Procedure.

            Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2008, No. 222, §1, eff. June 16, 2008.

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