H-3572.1          _______________________________________________

                                  HOUSE BILL 2360

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Costa, Ballasiotes, Morris, Sheahan, Lambert, Conway and Scott

Read first time 01/10/96.  Referred to Committee on Law & Justice.

Limiting expert witness testimony as to competence in criminal proceedings.

     AN ACT Relating to expert testimony about a criminal defendant's mental illness; and adding a new section to chapter 10.58 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 10.58 RCW to read as follows:

     In the guilt phase of a criminal proceeding, an expert testifying about a defendant's mental illness, mental disorder, or mental disease may not testify as to whether the defendant formed or had the capacity to form the mental state required for the crime charged.  The trier of fact shall decide whether the defendant had the required mental state.

                                    --- END ---