(720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
Sec. 6-2.
Insanity.
(a) A person is not criminally responsible for conduct
if at the time of
such conduct, as a result of mental disease or mental defect, he lacks
substantial capacity to appreciate the criminality of his conduct.
(b) The terms "mental disease or mental defect" do not include an
abnormality manifested only by repeated criminal or otherwise antisocial
conduct.
(c) A person who, at the time of the commission of a criminal offense,
was not insane but was suffering from a mental illness, is not relieved
of criminal responsibility for his conduct and may be found guilty but mentally
ill.
(d) For purposes of this Section, "mental illness" or "mentally ill"
means a substantial disorder of thought, mood, or behavior which afflicted
a person at the time of the commission of the offense and which impaired
that person's judgment, but not to the extent that he is unable to appreciate
the wrongfulness of his behavior.
(e) When the defense of insanity has been presented during the trial,
the burden of proof is on the defendant to prove by clear and convincing
evidence that the defendant is not guilty by reason of insanity. However,
the burden of proof remains on the State to prove beyond a reasonable doubt
each of the elements of each of the offenses charged, and, in a jury trial
where the insanity defense has been presented, the jury must be instructed
that it may not consider whether the defendant has met his burden of proving
that he is not guilty by reason of insanity until and unless it has first
determined that the State has proven the defendant guilty beyond a reasonable
doubt of the offense with which he is charged.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
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(720 ILCS 5/6-3) (from Ch. 38, par. 6-3)
Sec. 6-3.
Intoxicated or drugged condition.
A person who is in an intoxicated or drugged condition is criminally
responsible for conduct unless such condition is involuntarily produced and
deprives him of substantial capacity
either to appreciate the criminality of his conduct or to conform his
conduct to the requirements of law.
(Source: P.A. 92-466, eff. 1-1-02.)
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(720 ILCS 5/6-4) (from Ch. 38, par. 6-4)
Sec. 6-4.
Affirmative Defense.
A defense based upon any of the provisions of Article 6 is an
affirmative defense except that mental illness is not an affirmative defense,
but an alternative plea or finding that may be accepted, under appropriate
evidence, when the affirmative defense of insanity is raised or the plea
of guilty but mentally ill is made.
(Source: P.A. 82-553.)
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(720 ILCS 5/Art. 7 heading) ARTICLE 7.
JUSTIFIABLE USE OF FORCE; EXONERATION
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(720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
Sec. 7-1. Use of
force in defense of person.
(a) A person is justified in the use of force against another when and to
the extent that he reasonably believes that such conduct is necessary to
defend himself or another against such other's imminent use of unlawful
force. However, he is justified in the use of force which is intended or
likely to cause death or great bodily harm only if he reasonably believes
that such force is necessary to prevent imminent death or great bodily harm
to himself or another, or the commission of a forcible felony. (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)
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