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United States · Bill · HR

H.R. 1280 (98th)

A bill to modify the insanity defense in the Federal courts, and for other purposes.

openUnited States· United States Congress· EN

Introduced

7 February 1983

Last action

16 June 1983 · Committee

Status

Clean Bill H.R.3336 Forwarded by Subcommittee to Full Committee in Lieu.

Sponsors

Rep. Conyers, John, Jr. [D-MI-13], Rep. Seiberling, John F. [D-OH-14], Rep. Washington, Harold [D-IL-1], Rep. Hughes, William J. [D-NJ-2], Rep. Synar, Mike [D-OK-2], Rep. Bosco, Douglas H. [D-CA-1], Rep. Fazio, Vic [D-CA-3], Rep. Owens, Major R. [D-NY-11], Rep. Savage, Gus [D-IL-2], Rep. Vandergriff, Tommy J. [D-TX-26], Rep. Hall, Katie [D-IN-1], Rep. Forsythe, Edwin B. [R-NJ-6], Rep. Livingston, Bob [R-LA-1], Rep. Bates, Jim [D-CA-44]

Subjects

Defence

Source updated

29 June 2021

Defence

Summary

Amends the Federal criminal code to make it a defense to a Federal prosecution that at the time of the offense the defendant, as a result of a mental disease or defect, did not understand the wrongfulness of his conduct. Places the burden of proof of insanity on the defendant. Authorizes a special verdict of "not guilty only by reason of insanity." Amends the Federal Rules of Evidence to prohibit expert witnesses from offering opinions on the issue of the insanity of the defendant. Provides for an initial screening examination to determine whether there is reasonable cause to believe that the defendant lacks competence. Allows for a more thorough examination of the defendant if the initial results suggest incompetence. Requires a hearing on the issue of competence and further examination on the issue of the likelihood of the defendant's recovery. Allows for appropriate treatment if necessary. Requires in-patient treatment only when the defendant is dangerous, likely to flee, or in custody. Transfers to State officials for State civil commitment certain defendants who have received the maximum treatment under this section or are found incompetent with no substantial probability of improvement. Allows a person serving a sentence of imprisonment to be transferred to a mental institution upon a showing of clear and convincing evidence that the prisoner is in need of treatment. Establishes Federal commitment procedures for persons found "not guilty only by reason of insanity". Provides for a special examination of violent offenders in order to determine their dangerousness. Requires a board of examiners for every Federal penal and correctional institution which shall examine prisoners about whom there is probable cause to believe competence at trial was lacking even though the issue was not raised and determined. Requires the district court concerned to vacate conviction and order a new trial for any prisoner about whom such a board certifies that such probable cause does exist.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 7 February 1983

    Introduced

    Referred to House Committee on The Judiciary.

    Source: IntroReferral

  2. 7 February 1983

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 7 February 1983

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 17 February 1983

    Referred

    Referred to Subcommittee on Criminal Justice.

    Source: Committee

  5. 16 March 1983

    Committee

    Subcommittee Hearings Held.

    Source: Committee

  6. 17 March 1983

    Committee

    Subcommittee Hearings Held.

    Source: Committee

  7. 21 April 1983

    Committee

    Subcommittee Hearings Held.

    Source: Committee

  8. 12 May 1983

    Committee

    Subcommittee Hearings Held.

    Source: Committee

  9. 17 May 1983

    Committee

    Subcommittee Hearings Held.

    Source: Committee

  10. 25 May 1983

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

  11. 16 June 1983

    Committee

    Clean Bill H.R.3336 Forwarded by Subcommittee to Full Committee in Lieu.

    Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

Leesvertaling

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Sponsors

Related records

Sources

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