Section 1 – Abolition of Diminished Capacity Défense
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Defense of Diminished Capacity Abolished – The defence of diminished capacity is hereby abolished in all criminal actions, including any juvenile court proceedings. Evidence concerning an accused person's intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate the capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental states required for the commission of the crime charged.
Section 2 – Plea of Not Guilty by Reason of Insanity
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Plea of Not Guilty by Reason of Insanity – In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall only be sustained by the trier of fact when the accused person proves by a preponderance of the evidence that they were incapable of:
a) Knowing or understanding the nature and quality of their act; and
b) Distinguishing right from wrong at the time of the commission of the offense.
Section 3 – Consideration of Mental Health Evidence at Sentencing
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Consideration of Mental Disorder Evidence – Notwithstanding the provisions above, evidence of diminished capacity or a mental disorder may be considered by the court only at the time of sentencing or in determining the disposition or commitment of the accused. Such evidence shall not be used to influence determinations regarding guilt or the mental state required for the commission of the crime.
Section 4 – Amendment of Provisions
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Amendment Provisions – The provisions of this section shall not be amended by the Legislature except by:
a) Statute passed in each house of the Legislature by roll call vote entered in the journal, with two-thirds of the membership concurring, or
b) Statute approved by the electors of the State of Crescent Valley, becoming effective only after receiving voter approval.