A bill relating to defense of insanity, and for other purposes.

Summary

Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that the defendant, as a result of mental disease or defect, lacked the capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law. Places the burden of proof of insanity on the defendant. Provides for commitment in a suitable Federal facility if the defendant was found "not guilty by reason of insanity" and caused, threatened to cause, or created a substantial risk of serious injury to any person. Requires that within 45 days of confinement the court determine whether the person presents a risk of bodily injury to himself or others and requires further commitment. 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 risk of injury. Directs the court to order the discharge of a person who is found to have recovered.

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Timeline

1. 17 September 1982

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 17 September 1982

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

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Versions

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Documents

1 official file

• Introduced in Senate

  summary · EN · 17 September 1982

  Open at official source

Sponsors

• Sen. Heflin, Howell [D-AL] · D · Sponsor
• · ssju00 · Standing

Related records

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