Bill Summary for H 659 (2011-2012)
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Summary date:
Apr 21 2011
Bill Information:
| View NCGA Bill Details | 2011-2012 Session |
TO AMEND THE CAPITAL TRIAL, SENTENCING, AND POSTCONVICTION PROCEDURES FOR A PERSON WITH A SEVERE MENTAL DISABILITY AND TO PROVIDE THAT INSANITY IS NOT AVAILABLE AS A DEFENSE TO A CRIMINAL ACTION IF PRIOR ALCOHOL OR DRUG USE OR BOTH ARE THE SOLE CAUSE OF THE PSYCHOSIS OR IF VOLUNTARY INTOXICATION, A VOLUNTARY DRUGGED CONDITION, OR BOTH COMBINED ARE THE SOLE SUPPORT FOR THE DEFENSE.Intro. by Stevens.
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Bill summary
House committee substitute makes the following changes to 1st edition.
Amends proposed GS 15A-2007 to clarify that the defendant must demonstrate by clear and convincing evidence (rather than by compelling evidence) that the mental disability was manifested before the defendant's alleged conduct at the time of the offense to meet the test of severe mental disability. Makes other clarifying and organizational changes.