H-1737              _______________________________________________

                                                   HOUSE BILL NO. 1138

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Rayburn, Crane, Bristow, Zellinsky, Tilly, Fisch, K. Wilson, Ebersole, McMullen, Baugher, Tanner, Scott, Kremen, Day, Todd, Brough, Holland, Unsoeld and Hargrove

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to the insanity defense; and adding a new chapter to Title 10 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that public confidence in the criminal justice system is sometimes undermined by the current application of the insanity defense and that additional discretion is required by courts and juries to justly dispose of cases involving mentally ill defendants.

NEW SECTION. Sec. 2.     (1) A person who at the time of the commission of a criminal offense was not insane but was suffering from a mental illness is not relieved of criminal responsibility for the person's conduct and may be found guilty but mentally ill.  As used in this section, "mentally ill" means a substantial disorder of thought, mood, or behavior which afflicted a person at the time of the commission of the offense and which impaired that person's judgment, but not to the extent that the person did not know what the person was doing or understand the consequences of the act or did not know that the act was wrong or could not prevent oneself from committing the act.

          (2) A plea or finding of guilty but mentally ill is not an affirmative defense but an alternative plea or finding that may be accepted or made pursuant to appropriate evidence when the affirmative defense of insanity is raised or the plea of guilty but mentally ill is made.

          (3) A plea of guilty but mentally ill shall not be accepted until the defendant has undergone examination by a clinical psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, held a hearing on the issue of the defendant's mental condition and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense to which the plea is entered.

          (4) When a defendant has asserted a defense of insanity, the court may find the defendant guilty but mentally ill if after hearing all of the evidence the court finds beyond a reasonable doubt that the defendant:

          (a) Is guilty of the offense charged;

          (b) Was mentally ill at the time of the commission of the offense; and

          (c) Was not legally insane at the time of the commission of the offense.

          (5) When a defendant has asserted a defense of insanity, the court, where warranted by the evidence, shall provide the jury with a special verdict form of guilty but mentally ill and shall separately instruct the jury that a verdict of guilty but mentally ill may be returned instead of a verdict of guilty or not guilty, and that such a verdict requires a finding by the jury beyond a reasonable doubt that the defendant committed the offense charged and that the defendant was not legally insane at the time of the commission of the offense but that the defendant was mentally ill at that time.

NEW SECTION. Sec. 3.     (1) Whenever a defendant is found guilty but mentally ill at the time of the offense or enters a plea to that effect that is accepted by the court, the court shall sentence the defendant as though the defendant had been found guilty of the offense.

          (2) If such a defendant is committed to the department of corrections, the defendant shall be further observed and diagnosed and then treated in such a manner as may be indicated for the mental illness.  Any observation, diagnosis, or treatment shall be provided in conformance with RCW 10.77.120.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act shall constitute a new chapter in Title 10 RCW.