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 Back | 144th General Assembly
Senate Bill # 144 |
| Primary Sponsor: | DeLuca | Additional Sponsor(s): Sen. Amick Rep. Valihura & M Marshall |
| CoSponsors: | { NONE...} |
| Introduced on : | 06/19/2007 | |
| Long Title: | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN DEFENSES TO CRIMINAL LIABILITY. |
| Synopsis: | This Act adds clarity and precision to the section of Delaware’s Criminal Code that establishes the defense of “guilty, but mentally ill.” Section 1 of the Act replaces the phrase “psychiatric disorder” as it currently appears in the definition of “guilty, but mentally ill” with the phrase “mental illness or mental defect.” The phrase “psychiatric disorder” is not defined anywhere in the Delaware Code, nor is it defined in any major dictionary, medical dictionary or psychiatric reference. None of the other states that provide for a verdict of “guilty, but mentally ill” in their criminal codes use the phrase “psychiatric disorder” in their definition of the condition. By contrast, the phrase “mental illness or mental defect” is defined in Title 11 Del.C. §222(18) of the Delaware Code, and it is used in the definition of insanity set forth at 11 Del.C. §401(a). Section 2 of the Act updates the language of the “guilty, but mentally ill” statute to reflect changes in the diagnostic terminology used by psychiatrists since the statute was originally drafted in 1982. It also codifies the holding of the Delaware Supreme Court in Magner v. State, 1998 WL 666726 (Del. 1998) wherein the Court determined that “a defendant suffering from anti social personality disorder may not assert mental illness as a defense.”
This Act is not intended to make any substantive changes to the defense of “guilty, but mentally ill.”
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| Committee Reports: |
Senate Committee report 06/20/07 F=1 M=4 U=0----->
House Committee Report 06/30/07 F=0 M=6 U=0----> |
| Voting Reports: |
Senate vote: () Passed 6/26/07 6:07:57 PM------->
House vote: () Passed 7/1/07 1:24:22 AM-------> |
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Actions History:
| Jul 17, 2007 - Signed by Governor
Jul 01, 2007 - Passed by House of Representatives. Votes: 41 YES 0 NO 0 NOT VOTING 0 ABSENT
Jun 30, 2007 - Reported Out of Committee (JUDICIARY) in House with 6 On Its Merits
Jun 27, 2007 - Introduced and Assigned to Judiciary Committee in House
Jun 26, 2007 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Jun 20, 2007 - Reported Out of Committee (BANKING) in Senate with 1 Favorable, 4 On Its Merits
Jun 19, 2007 - Assigned to Banking Committee in Senate
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