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90_HB3078
720 ILCS 5/6-2 from Ch. 38, par. 6-2
Amends the Criminal Code of 1961. Provides that the
defense of insanity is not applicable to a person who, at the
time of the commission of a criminal offense, was voluntarily
intoxicated unless that person, as a result of mental disease
or mental defect, lacked substantial capacity to appreciate
the criminality of his or her conduct.
LRB9011038RCpc
LRB9011038RCpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 6-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 6-2 as follows:
7 (720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
8 Sec. 6-2. Insanity.
9 (a) A person is not criminally responsible for conduct
10 if at the time of such conduct, as a result of mental disease
11 or mental defect, he or she lacks substantial capacity to
12 appreciate the criminality of his or her conduct.
13 (b) The terms "mental disease or mental defect" do not
14 include an abnormality manifested only by repeated criminal
15 or otherwise antisocial conduct.
16 (c) A person who, at the time of the commission of a
17 criminal offense, was not insane but was suffering from a
18 mental illness, is not relieved of criminal responsibility
19 for his or her conduct and may be found guilty but mentally
20 ill.
21 (c-5) The defense of insanity is not applicable to a
22 person who, at the time of the commission of a criminal
23 offense, was voluntarily intoxicated unless that person, as a
24 result of mental disease or mental defect, lacked substantial
25 capacity to appreciate the criminality of his or her conduct.
26 (d) For purposes of this Section, "mental illness" or
27 "mentally ill" means a substantial disorder of thought, mood,
28 or behavior which afflicted a person at the time of the
29 commission of the offense and which impaired that person's
30 judgment, but not to the extent that he or she is unable to
31 appreciate the wrongfulness of his or her behavior.
-2- LRB9011038RCpc
1 (e) When the defense of insanity has been presented
2 during the trial, the burden of proof is on the defendant to
3 prove by clear and convincing evidence that the defendant is
4 not guilty by reason of insanity. However, the burden of
5 proof remains on the State to prove beyond a reasonable doubt
6 each of the elements of each of the offenses charged, and, in
7 a jury trial where the insanity defense has been presented,
8 the jury must be instructed that it may not consider whether
9 the defendant has met his or her burden of proving that he or
10 she is not guilty by reason of insanity until and unless it
11 has first determined that the State has proven the defendant
12 guilty beyond a reasonable doubt of the offense with which he
13 or she is charged.
14 (Source: P.A. 89-404, eff. 8-20-95.)