§ 60.55 Rules of evidence; psychiatric testimony in certain cases.\n 1. When, in connection with the affirmative defense of lack of\ncriminal responsibility by reason of mental disease or defect, a\npsychiatrist or licensed psychologist testifies at a trial concerning\nthe defendant's mental condition at the time of the conduct charged to\nconstitute a crime, he must be permitted to make a statement as to the\nnature of any examination of the defendant, the diagnosis of the mental\ncondition of the defendant and his opinion as to the extent, if any, to\nwhich the capacity of the defendant to know or appreciate the nature and\nconsequence of such conduct, or its wrongfulness, was impaired as a\nresult of mental disease or defect at that time.\n The psychiatrist or licensed psychologist must be permitted to make\nany explanation reasonably serving to clarify his diagnosis and opinion,\nand may be cross-examined as to any matter bearing on his competency or\ncredibility or the validity of his diagnosis or opinion.\n 2. Any statement made by the defendant to a psychiatrist or licensed\npsychologist during his examination of the defendant shall be\ninadmissible in evidence on any issue other than that of the affirmative\ndefense of lack of criminal responsibility, by reason of mental disease\nor defect. The statement shall, however, be admissible upon the issue of\nthe affirmative defense of lack of criminal responsibility by reason of\nmental disease or defect, whether or not it would otherwise be deemed a\nprivileged communication. Upon receiving the statement in evidence, the\ncourt must instruct the jury that the statement is to be considered only\non the issue of such affirmative defense and may not be considered by it\nin its determination of whether the defendant committed the act\nconstituting the crime charged.\n
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