A bill to modify the insanity defense in the Federal courts.

Summary

Amends Rule 12 of the Federal Rules of Criminal Procedure to require a defendant to give notice if he intends to introduce expert testimony which bears on the issue of whether he had the state of mind required for an offense charged. Amends the Federal criminal code to eliminate "insanity" as a defense to a prosecution under any Federal statute. Excludes from the definition of "mental disease or defect" an abnormality manifested only by repeated criminal or other anti-social conduct. Authorizes a special verdict of "not guilty solely by reason of inability, because of mental disease or defect, to have had the state of mind required as an element of the offense charged." Requires any person acquitted because of such mental disease or defect to be committed to the custody of the Attorney General if found by clear and convincing evidence to be presently suffering from mental disease or defect. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered.

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Timeline

1. 22 July 1982

   Introduced

   Referred to House Committee on The Judiciary.

   Source: IntroReferral

2. 22 July 1982

   Introduced

   Introduced in House

   Source: IntroReferral

3. 22 July 1982

   Introduced

   Introduced in House

   Source: IntroReferral

4. 3 August 1982

   Referred

   Referred to Subcommittee on Criminal Justice.

   Source: Committee

5. 12 August 1982

   Committee

   Subcommittee Hearings Held.

   Source: Committee

6. 17 August 1982

   Committee

   Subcommittee Hearings Held.

   Source: Committee

7. 9 September 1982

   Committee

   Subcommittee Hearings Held.

   Source: Committee

Votes

No vote records are attached yet.

Versions

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Documents

1 official file

• Introduced in House

  summary · EN · 22 July 1982

  Open at official source

Sponsors

• Rep. McCollum, Bill [R-FL-5] · R · Sponsor
• Rep. Glickman, Dan [D-KS-4] · D · Sponsor
• Rep. Hall, Sam B., Jr. [D-TX-1] · D · Sponsor
• Rep. Weber, Ed [R-OH-9] · R · Cosponsor
• Rep. Kindness, Thomas N. [R-OH-8] · R · Cosponsor
• Rep. Gingrich, Newt [R-GA-6] · R · Cosponsor
• Rep. LeBoutillier, John [R-NY-6] · R · Cosponsor
• · hsju00 · Standing

Related records

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