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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 6-2 as follows:
 



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    (720 ILCS 5/6-2)  (from Ch. 38, par. 6-2)



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    Sec. 6-2. Insanity. 

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    (a) A person is not criminally responsible for conduct
if 
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at the time of
such conduct, as a result of mental disease or 
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mental defect, he lacks
substantial capacity to appreciate the 
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criminality of his conduct.

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    (b) The terms "mental disease or mental defect" do not 
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include an
abnormality manifested only by repeated criminal or 
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otherwise antisocial
conduct.

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    (c) A person who, at the time of the commission of a 
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criminal offense,
was not insane but was suffering from a 
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mental illness, is not relieved
of criminal responsibility for 
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his conduct and may be found guilty but mentally
ill.

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    (d) For purposes of this Section, "mental illness" or 
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"mentally ill"
means a substantial disorder of thought, mood, 
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or behavior which afflicted
a person at the time of the 
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commission of the offense and which impaired
that person's 
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judgment, but not to the extent that he is unable to appreciate

 


 






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the wrongfulness of his behavior.

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    (e) When the defense of insanity has been presented during 
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the trial,
the burden of proof is on the defendant to prove by 
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clear and convincing
evidence that the defendant is not guilty 
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by reason of insanity.  However,
the burden of proof remains on 
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the State to prove beyond a reasonable doubt
each of the 
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elements of each of the offenses charged, and, in a jury trial

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where the insanity defense has been presented, the jury must be 
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instructed
that it may not consider whether the defendant has 
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met his burden of proving
that he is not guilty by reason of 
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insanity until and unless it has first
determined that the 
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State has proven the defendant guilty beyond a reasonable
doubt 
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of the offense with which he is charged.

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    (f) Notice of an insanity defense. A defendant who intends 
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to assert a defense that he or she was insane at the time of the 
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alleged offense must so notify the State in writing within the 
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time provided for filing a pretrial motion, or at any later 
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time the court sets, and file a copy of the notice with the 
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clerk of the court. A defendant who fails to do so cannot rely 
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on an insanity defense. The court may, for good cause, allow 
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the defendant to file the notice late, grant additional 
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trial-preparation time, or make other appropriate orders.
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    (g) Notice of expert evidence of a mental condition. If a 
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defendant intends to introduce expert evidence relating to a 
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mental disease or defect or any other mental condition of the 
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defendant bearing on either: (1) the issue of guilt or (2) the 
 


 






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issue of punishment in a capital case, the defendant must,  
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within the time provided for filing a pretrial motion or at any 
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later time the court sets but not less than 60 days before 
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trial, notify the State in writing of this intention and file a 
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copy of the notice with the clerk of the court. The court may, 
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for good cause, allow the defendant to file the notice late, 
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grant the parties additional trial-preparation time, or make 
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other appropriate orders. 
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(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.