HF 17

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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 2004, section
611.026.

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

Section 1.

Minnesota Statutes 2004, 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, 2005,
and applies to crimes committed on or after that date.
new text end