Bill 2446

                    Current Status

Bill Number:               2446
Ratification Number:       335
Act Number                 323
Introducing Body:          House
Subject:                   Insanity defense

(A323, R335, H2446)

AN ACT TO AMEND SECTION 17-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSANITY DEFENSE, SO AS TO DELETE THE REQUIREMENT THAT THE INSANITY DEFENSE IS AN AFFIRMATIVE DEFENSE AND TO ELIMINATE THE REQUIREMENT THAT THE DEFENDANT HAS THE BURDEN OF PROOF IN THE INSANITY DEFENSE BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTION 17-24-20, RELATING TO THE VERDICT OF GUILTY BUT MENTALLY ILL, SO AS TO PROVIDE THAT A DEFENDANT IS GUILTY BUT MENTALLY ILL IF HE IS OTHERWISE MENTALLY DISEASED BUT HAS THE CAPACITY TO DISTINGUISH RIGHT FROM WRONG, OR THAT THE DEFENDANT RECOGNIZED HIS ACT AS WRONG, TO DELETE THE PROVISION RELATING TO BURDEN OF PROOF, AND TO PROVIDE THAT A COURT MAY NOT ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL UNLESS, AFTER A HEARING, THE COURT MAKES AN APPROPRIATE FINDING ON THE RECORD; TO AMEND SECTION 17-24-30, RELATING TO THE FORM OF VERDICTS, SO AS TO DELETE THE REFERENCE TO THE INSANITY DEFENSE BEING AN AFFIRMATIVE DEFENSE; TO AMEND SECTION 17-24-70, RELATING TO THE SENTENCING OF A DEFENDANT FOUND GUILTY BUT MENTALLY ILL, SO AS TO DELETE THE PROVISION ALLOWING THE COURT TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL; AND TO REPEAL SECTION 17-24-90 RELATING TO THE ABROGATION OF THE COMMON LAW INSANITY DEFENSE.

Be it enacted by the General Assembly of the State of South Carolina:

Insanity defense

SECTION 1. Section 17-24-10 of the 1976 Code is amended to read:

"Section 17-24-10. (A) It is a defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong or to recognize the particular act charged as morally or legally wrong.

(B) Evidence of a mental disease or defect that is manifested only by repeated criminal or other antisocial conduct is not sufficient to establish the defense of insanity."

Guilty but mentally ill verdict

SECTION 2. Section 17-24-20 of the 1976 Code is amended to read:

"Section 17-24-20. (A) A defendant is guilty but mentally ill if, at the time of the commission of the act constituting the offense, he had the capacity to distinguish right from wrong or to recognize his act as being wrong as defined in Section 17-24-10(A), but because of mental disease or defect he lacked sufficient capacity to conform his conduct to the requirements of the law.

(B) The verdict of guilty but mentally ill may be rendered only during the phase of a trial which determines guilt or innocence and is not a form of verdict which may be rendered in the penalty phase.

(C) A court may not accept a plea of guilty but mentally ill unless, after a hearing, the court makes a finding upon the record that the defendant is mentally ill as provided in Section 17-24-20(A)."

Forms of verdict

SECTION 3. Section 17-24-30 of the 1976 Code is amended to read:

"Section 17-24-30. In a prosecution for a crime when the defense of insanity is sufficiently raised by the defendant, or when sufficient evidence of a mental disease or defect of the defendant is admitted into evidence, the trier of fact shall find under the applicable law, and the verdict shall so state, whether the defendant is:

(1) guilty;

(2) not guilty;

(3) not guilty by reason of insanity; or

(4) guilty but mentally ill."

Sentencing

SECTION 4. Section 17-24-70 of the 1976 Code is amended to read:

"Section 17-24-70. If a verdict is returned of 'guilty but mentally ill' the defendant must be sentenced by the trial judge as provided by law for a defendant found guilty, however:

(A) If the sentence imposed upon the defendant includes the incarceration of the defendant, the defendant must first be taken to a facility designated by the Department of Corrections for treatment and retained there until in the opinion of the staff at that facility the defendant may safely be moved to the general population of the Department of Corrections to serve the remainder of his sentence.

(B) If the sentence includes a probationary sentence, the judge may impose those conditions and restrictions on the release of the defendant as the judge considers necessary for the safety of the defendant and of the community."

Repealed

SECTION 5. Section 17-24-90 of the 1976 Code is repealed.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.