View Amendment Current Amendment: JUD3560.014.docx to Bill 3560     Senator CORBIN proposed the following amendment (JUD3560.014):
    Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/     SECTION     1.     Chapter 31, Title 23 of the 1976 Code is amended by adding:

"Article 10

    Section 23-31-1010.     As used in this article:
        (1)     'Adjudicated as a mental defective' means a determination by a court of competent jurisdiction that a person, as a result of marked subnormal intelligence, mental illness, mental incompetency, mental condition, or mental disease:
            (a)     is a danger to himself or to others; or
            (b)     lacks the mental capacity to contract or manage the person's own affairs.
        The term includes:
            (a)     a finding of insanity by a court in a criminal case; and
            (b)     those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. Sections 850(a) and 876(b).
        (2)     'Committed to a mental institution' means a formal commitment of a person to a mental institution by a court of competent jurisdiction. The term includes a commitment to a mental institution involuntarily, and a commitment to a mental institution for mental defectiveness, mental illness, and other reasons, such as drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.
        (3)     'Mental institution' includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.

    Section 23-31-1020.     (A)     If a person is adjudicated as a mental defective by a court of competent jurisdiction, the person must be committed to a mental institution until the mental institution determines that the person is no longer a danger to himself or to others.

SECTION     2.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION     5.     This act takes effect ninety days after approval by the Governor.     /
    Renumber sections to conform.
    Amend title to conform.