Full Text of SB2294 95th General Assembly
SB2294eng 95TH GENERAL ASSEMBLY
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SB2294 Engrossed |
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LRB095 19002 RLC 45174 b |
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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 | 5 |
| 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 | 9 |
| at the time of
such conduct, as a result of mental disease or | 10 |
| mental defect, he lacks
substantial capacity to appreciate the | 11 |
| criminality of his conduct.
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| (b) The terms "mental disease or mental defect" do not | 13 |
| include an
abnormality manifested only by repeated criminal or | 14 |
| otherwise antisocial
conduct.
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| (c) A person who, at the time of the commission of a | 16 |
| criminal offense,
was not insane but was suffering from a | 17 |
| mental illness, is not relieved
of criminal responsibility for | 18 |
| his conduct and may be found guilty but mentally
ill.
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| (d) For purposes of this Section, "mental illness" or | 20 |
| "mentally ill"
means a substantial disorder of thought, mood, | 21 |
| or behavior which afflicted
a person at the time of the | 22 |
| commission of the offense and which impaired
that person's | 23 |
| judgment, but not to the extent that he is unable to appreciate
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LRB095 19002 RLC 45174 b |
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| the wrongfulness of his behavior.
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| (e) When the defense of insanity has been presented during | 3 |
| the trial,
the burden of proof is on the defendant to prove by | 4 |
| clear and convincing
evidence that the defendant is not guilty | 5 |
| by reason of insanity. However,
the burden of proof remains on | 6 |
| the State to prove beyond a reasonable doubt
each of the | 7 |
| 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 | 9 |
| instructed
that it may not consider whether the defendant has | 10 |
| met his burden of proving
that he is not guilty by reason of | 11 |
| insanity until and unless it has first
determined that the | 12 |
| State has proven the defendant guilty beyond a reasonable
doubt | 13 |
| of the offense with which he is charged.
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| (f) Notice of an insanity defense. A defendant who intends | 15 |
| to assert a defense that he or she was insane at the time of the | 16 |
| alleged offense must so notify the State in writing within the | 17 |
| time provided for filing a pretrial motion, or at any later | 18 |
| time the court sets, and file a copy of the notice with the | 19 |
| clerk of the court. A defendant who fails to do so cannot rely | 20 |
| on an insanity defense. The court may, for good cause, allow | 21 |
| the defendant to file the notice late, grant additional | 22 |
| trial-preparation time, or make other appropriate orders. | 23 |
| (g) Notice of expert evidence of a mental condition. If a | 24 |
| defendant intends to introduce expert evidence relating to a | 25 |
| mental disease or defect or any other mental condition of the | 26 |
| 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, | 2 |
| within the time provided for filing a pretrial motion or at any | 3 |
| later time the court sets but not less than 60 days before | 4 |
| trial, notify the State in writing of this intention and file a | 5 |
| copy of the notice with the clerk of the court. The court may, | 6 |
| for good cause, allow the defendant to file the notice late, | 7 |
| grant the parties additional trial-preparation time, or make | 8 |
| other appropriate orders. | 9 |
| (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 | 11 |
| becoming law.
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