Bill

Bill > H784


MA H784

MA H784
Relative to the insanity defense


summary

Introduced
01/23/2017
In Committee
01/23/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

Relative to the use of insanity as a criminal defense. The Judiciary.

AI Summary

This bill amends Massachusetts law to create a "guilty, except insane" verdict for defendants charged with murder. Under this new provision, a defendant can be found "guilty, except insane" if they were afflicted with a severe mental disease or defect at the time of the crime that prevented them from knowing their actions were wrong. The bill defines what does and does not constitute legal insanity, and requires a 30-day mental health evaluation before a court can accept an insanity plea. Defendants found "guilty, except insane" of murder must be committed to a maximum-security mental health facility for at least 10 years, with the possibility of additional one-year commitments thereafter. Upon release, they will be supervised by the probation department for at least 5 years. The bill also eliminates the "not guilty by reason of insanity" verdict for murder cases.

Committee Categories

Justice

Sponsors (12)

Last Action

Accompanied a study order, see H4874 (on 08/09/2018)

bill text


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