HF 389

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:36am

A bill for an act
relating to criminal justice; adopting certain model penal code provisions relating
to criminal responsibility of persons with a mental disease or defect; amending
Minnesota Statutes 2008, section 611.026.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 611.026, is amended to read:

611.026 CRIMINAL RESPONSIBILITY OF MENTALLY ILL OR
DEFICIENT.

new text begin Subdivision 1. new text end

new text begin Competency to proceed. new text end

No person shall be tried, sentenced, or
punished for any crime while mentally ill or mentally deficient so as to be incapable of
understanding the proceedings or making a defense deleted text begin ; but the person shall not be excused
from criminal liability except upon proof that at the time of committing the alleged
criminal act the person was laboring under such a defect of reason, from one of these
causes, as not to know the nature of the act, or that it was wrong deleted text end .

new text begin Subd. 2. new text end

new text begin Insanity defense. new text end

new text begin (a) A person is not responsible for criminal conduct if at
the time of such conduct as a result of mental disease or defect the person lacks substantial
capacity either to appreciate the criminality of the person's conduct or to conform the
person's conduct to the requirements of law.
new text end

new text begin (b) As used in this subdivision, the terms "mental disease" and "defect" do not
include an abnormality manifested only by repeated criminal or otherwise antisocial
conduct.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end