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Bill > S938


MA S938

Relative to guilty but with a mental illness


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation relative to guilty but with a mental illness. The Judiciary.

AI Summary

This bill amends the existing law in Massachusetts to define "mental illness" and establish a process for defendants to be found "guilty but with a mental illness" in certain felony criminal cases. The bill allows the court to order a psychiatric or clinical examination to determine if the defendant suffers from a mental illness, as defined in the bill. If the defendant is found to have a mental illness, the court can find them "guilty but with a mental illness" and impose the same sentence as a regular guilty verdict, but require the defendant to serve the sentence in a facility or state hospital, rather than a regular prison, if the sentence includes imprisonment. The bill also allows the court to order a similar examination for alleged juvenile delinquents to aid in the court's disposition.

Committee Categories

Justice

Sponsors (4)

Last Action

Accompanied a study order, see S2496 (on 02/03/2020)

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