SF 2668

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; adopting certain model 
  1.3             penal code provisions relating to criminal 
  1.4             responsibility of persons with a mental disease or 
  1.5             defect; amending Minnesota Statutes 2002, section 
  1.6             611.026. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 611.026, is 
  1.9   amended to read: 
  1.10     611.026 [CRIMINAL RESPONSIBILITY OF MENTALLY ILL OR 
  1.11  DEFICIENT.] 
  1.12     Subdivision 1.  [COMPETENCY TO PROCEED.] No person shall be 
  1.13  tried, sentenced, or punished for any crime while mentally ill 
  1.14  or mentally deficient so as to be incapable of understanding the 
  1.15  proceedings or making a defense; but the person shall not be 
  1.16  excused from criminal liability except upon proof that at the 
  1.17  time of committing the alleged criminal act the person was 
  1.18  laboring under such a defect of reason, from one of these 
  1.19  causes, as not to know the nature of the act, or that it was 
  1.20  wrong. 
  1.21     Subd. 2.  [INSANITY DEFENSE.] (a) A person is not 
  1.22  responsible for criminal conduct if at the time of such conduct 
  1.23  as a result of mental disease or defect the person lacks 
  1.24  substantial capacity either to appreciate the criminality of the 
  1.25  person's conduct or to conform the person's conduct to the 
  1.26  requirements of law. 
  2.1      (b) As used in this subdivision, the terms "mental disease" 
  2.2   and "defect" do not include an abnormality manifested only by 
  2.3   repeated criminal or otherwise antisocial conduct.  
  2.4      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  2.5   and applies to crimes committed on or after that date.