HR 6726 · 97th Congress · Crime and Law Enforcement

A bill to establish the plea of guilty but insane.

Introduced 1982-06-29· Sponsored by Rep. Volkmer, Harold L. [D-MO-9]· House

Bill Progress

Introduced
2
Committee
3
House Vote
4
Senate
5
Enacted
Latest: Subcommittee Hearings Held.(1982-09-09)

Plain Language Summary

[AI summary unavailable — showing source text] Amends rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Adopts the current notice provisions for a defense of insanity for the new plea of "guilty but insane". Transfers the burden of proof to the defendant. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the c…

Summarized by Claude AI · Non-partisan · For informational purposes only