Amends the Federal criminal code to make it a defense to a Federal prosecution that at the time of the offense the defendant suffered from a severe abnormal mental condition that grossly and demonstrably impaired his perception and understanding of the wrongfulness of his conduct.
Places the burden of proving the existence of this defense by the preponderance of the evidence on the defendant.
States that "abnormal mental condition" does not include voluntary intoxication.
Authorizes a verdict of "not responsible only by reason of insanity," if the defendant would be guilty but for the defense provided.
Amends the Federal Rules of Evidence to prohibit expert witnesses from offering opinions on the ultimate issue regarding mental incompetence.
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 issues of the likelihood of the defendant's recovery and the appropriate treatment. Allows for 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.
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.
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.
Provides for treatment of a person found not responsible only by reason of insanity. Provides procedures for conditional release in certain situations.
Became Public Law No: 98-473.
Clean Bill H.R.3336 Forwarded by Subcommittee to Full Committee in Lieu.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
For Previous Action See H.R.1280.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Reported to House (Amended) by House Committee on The Judiciary. Report No: 98-577.
Reported to House (Amended) by House Committee on The Judiciary. Report No: 98-577.
Placed on Union Calendar No: 325.
Called up by House Under Suspension of Rules.
Failed of passage/not agreed to in House: Failed to Receive 2/3's Vote to Suspend and Pass by Yea-Nay Vote: 225 - 171 (Record Vote No: 394).
Roll Call #394 (House)Failed to Receive 2/3's Vote to Suspend and Pass by Yea-Nay Vote: 225 - 171 (Record Vote No: 394).
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See H.J.Res.648.