Section 60.55. §s of evidence; psychiatric testimony in certain cases  


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  • 1.  When,  in  connection  with  the  affirmative  defense  of lack of
      criminal responsibility  by  reason  of  mental  disease  or  defect,  a
      psychiatrist  or  licensed  psychologist testifies at a trial concerning
      the defendant's mental condition at the time of the conduct  charged  to
      constitute  a  crime, he must be permitted to make a statement as to the
      nature of any examination of the defendant, the diagnosis of the  mental
      condition  of the defendant and his opinion as to the extent, if any, to
      which the capacity of the defendant to know or appreciate the nature and
      consequence of such conduct, or its  wrongfulness,  was  impaired  as  a
      result of mental disease or defect at that time.
        The  psychiatrist  or  licensed psychologist must be permitted to make
      any explanation reasonably serving to clarify his diagnosis and opinion,
      and may be cross-examined as to any matter bearing on his competency  or
      credibility or the validity of his diagnosis or opinion.
        2.  Any  statement made by the defendant to a psychiatrist or licensed
      psychologist  during  his  examination  of  the   defendant   shall   be
      inadmissible in evidence on any issue other than that of the affirmative
      defense  of lack of criminal responsibility, by reason of mental disease
      or defect. The statement shall, however, be admissible upon the issue of
      the affirmative defense of lack of criminal responsibility by reason  of
      mental  disease or defect, whether or not it would otherwise be deemed a
      privileged communication. Upon receiving the statement in evidence,  the
      court must instruct the jury that the statement is to be considered only
      on the issue of such affirmative defense and may not be considered by it
      in  its  determination  of  whether  the  defendant  committed  the  act
      constituting the crime charged.