SENATE BILL REPORT

SB 5963

BYSenator Halsan

Establishing conviction and commitment procedures for criminal defendants alleging diminished mental capacity.

Senate Committee on Judiciary

Senate Hearing Date(s):March 3, 1987

Senate Staff:Lidia Mori (786-7461)

AS OF MARCH 2, 1987

BACKGROUND:

The defense of diminished mental capacity is not currently codified in Washington law; however, it does exist in Washington case law.  It has been proposed the codification of this line of defense is necessary in order to better define and regulate it.  There is concern that without such regulation, the defense of diminished mental capacity will be used without proper notice being afforded to the state.

Regulation of this line of defense would prohibit the establishment of the defense through the existence of irrelevant emotions, such as anger or jealousy, or the voluntary ingestion of alcohol or drugs.

SUMMARY:

Diminished mental capacity exists when a person charged with a crime was not able to form the requisite mental state which is an element of the crime due to suffering from a mental disease or defect not amounting to insanity.

Irrelevant emotions such as jealousy and anger or the voluntary ingestion of drugs or alcohol cannot produce diminished mental capacity as defined in section 1(9) of this act.

The defendant must file a written notice of intent to rely on the defense of diminished mental capacity within 10 days of the time or arraignment unless the court, for good cause, permits otherwise.

Fiscal Note:      requested