§ 1023 Sanity Determination Privilege Exception

Evidence Code·California

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Key Takeaways

•If someone is in a criminal case and says they were crazy when they did the crime, they can't keep secrets in the trial about their mental health.
•The judge can make them share all their mental health info to decide if they were really crazy or just pretending.
•This rule only applies if the person themselves asks for this kind of trial.

Example

If someone robs a bank and then says in court, 'I was crazy when I did it,' the judge can make their doctor tell everything about their mental health.

The person can't stop the doctor from talking because they brought up their mental health first.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1023 Sanity Determination Privilege Exception

There is no privilege under this article in a proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated at the request of the defendant in a criminal action to determine his sanity. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

privilege proceeding Chapter 6 Title 10 Part 2 Penal Code defendant criminal action sanity

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 1023.

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Key Takeaways

Example

Key Terms

Related Statutes

References