1471 AMH GOOD ADAM 046

HB 1471 - H AMD 299

By Representative Goodman

ADOPTED 3/13/2007

   On page 1, after line 19, insert the following:

   "(3)(a) For the purposes of this section, "voluntary intoxication" does not include intoxication caused by a diagnosable disease if the disease: (i) results from the defendant's compulsive and chronic use of alcohol or a drug; and (ii) caused the defendant to be incapable of making a voluntary choice to ingest the alcohol or drug.

   (b) The defendant must establish that his or her intoxication at the time of the crime was caused by a diagnosable disease under (a) of this subsection by objective, verifiable factors that include the following:

   (i) A persistent and uncontrollable desire for the alcohol or drug;

   (ii) The inability to stop or limit the use of the alcohol or drug;

   (iii) The need to increase the amount of the alcohol or drug used in order to feel the effects of the alcohol or drug;

   (iv) Continued and sustained use of the alcohol or drug despite adverse or negative consequences, including causing serious harm or injury to the property or person of the defendant or others while using the alcohol or drug;

   (v) Serious physiological, emotional, mental, or psychological illness, disorder, or dysfunction; and

   (vi) Ongoing treatment for alcohol or drug abuse by a physician or in an approved treatment program under chapter 70.96A RCW.

   (c) The court shall not admit evidence under this subsection (3) unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case that the defendant intends to offer such evidence."

EFFECT: Provides that voluntary intoxication does not include intoxication caused by a diagnosable disease that results from compulsive and chronic use of alcohol or a drug and that caused the defendant to be incapable of making a voluntary choice to ingest the alcohol or drug. If the defendant proves that the intoxication resulted from the diagnosable disease, the defendant would be allowed to introduce evidence of intoxication in the criminal trial as evidence that the jury could consider in determining whether the defendant was capable of forming the mental element of the crime charged.

To prove that the intoxication was caused by the diagnosable disease, the defendant must establish the existence of the following factors:

   •     Persistent and uncontrollable desire for the alcohol/drug;

   •     Inability to stop or limit use of the alcohol/drug;

   •     The need to increase the amount of the alcohol/drug used in order to feel its effects;

   •     Continued and sustained use of the alcohol/drug despite adverse or negative consequences;

   •     Serious physiological, emotional, mental, or psychological illness, dysfunction, or disorder; and

   •     Ongoing treatment for alcohol/drug abuse by a physician or in an approved chemical dependency treatment program certified by the DSHS.