S-0973.1  _______________________________________________

                         SENATE BILL 5759

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Costa and Roach

Read first time 02/08/1999.  Referred to Committee on Judiciary.

Presenting evidence of mental disease in a criminal proceeding.

    AN ACT Relating to presenting evidence of mental disease in a criminal proceeding; 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, the defendant may not present evidence that a mental disease, disorder, or illness prevented the defendant from forming the requisite mental state for the crime charged unless the defendant has first pleaded not guilty by reason of insanity under chapter 10.77 RCW.

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