CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2308Introduced by Assembly Member CarrilloFebruary 14, 2020 An act to amend Section 25 of the Penal Code, relating to criminal sentencing. LEGISLATIVE COUNSEL'S DIGESTAB 2308, as introduced, Carrillo. Criminal sentencing: not guilty by reason of insanity.Existing law, enacted as Proposition 8 at the June 8, 1982, statewide primary election, establishes the defense of not guilty by reason of insanity to a criminal charge and requires that defense to be found by a trier of fact only when the accused person proves by a preponderance of the evidence that the person was incapable of knowing or understanding the nature and quality of the act and of distinguishing right from wrong at the time of the commission of the offense. The initiative measure authorizes the Legislature to amend these provisions by a statute passed in each house by a rollcall vote entered in the journal, 2/3 of the members concurring, or a statute that becomes effective only when approved by the electors.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25 of the Penal Code is amended to read:25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused persons intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged.(b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was they were incapable of knowing or understanding the nature and quality of his or her their act and of distinguishing right from wrong at the time of the commission of the offense.(c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment.(d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2308Introduced by Assembly Member CarrilloFebruary 14, 2020 An act to amend Section 25 of the Penal Code, relating to criminal sentencing. LEGISLATIVE COUNSEL'S DIGESTAB 2308, as introduced, Carrillo. Criminal sentencing: not guilty by reason of insanity.Existing law, enacted as Proposition 8 at the June 8, 1982, statewide primary election, establishes the defense of not guilty by reason of insanity to a criminal charge and requires that defense to be found by a trier of fact only when the accused person proves by a preponderance of the evidence that the person was incapable of knowing or understanding the nature and quality of the act and of distinguishing right from wrong at the time of the commission of the offense. The initiative measure authorizes the Legislature to amend these provisions by a statute passed in each house by a rollcall vote entered in the journal, 2/3 of the members concurring, or a statute that becomes effective only when approved by the electors.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2308
Introduced by Assembly Member CarrilloFebruary 14, 2020
Introduced by Assembly Member Carrillo
February 14, 2020
An act to amend Section 25 of the Penal Code, relating to criminal sentencing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2308, as introduced, Carrillo. Criminal sentencing: not guilty by reason of insanity.
Existing law, enacted as Proposition 8 at the June 8, 1982, statewide primary election, establishes the defense of not guilty by reason of insanity to a criminal charge and requires that defense to be found by a trier of fact only when the accused person proves by a preponderance of the evidence that the person was incapable of knowing or understanding the nature and quality of the act and of distinguishing right from wrong at the time of the commission of the offense. The initiative measure authorizes the Legislature to amend these provisions by a statute passed in each house by a rollcall vote entered in the journal, 2/3 of the members concurring, or a statute that becomes effective only when approved by the electors.This bill would make technical, nonsubstantive changes to these provisions.
Existing law, enacted as Proposition 8 at the June 8, 1982, statewide primary election, establishes the defense of not guilty by reason of insanity to a criminal charge and requires that defense to be found by a trier of fact only when the accused person proves by a preponderance of the evidence that the person was incapable of knowing or understanding the nature and quality of the act and of distinguishing right from wrong at the time of the commission of the offense. The initiative measure authorizes the Legislature to amend these provisions by a statute passed in each house by a rollcall vote entered in the journal, 2/3 of the members concurring, or a statute that becomes effective only when approved by the electors.
This bill would make technical, nonsubstantive changes to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 25 of the Penal Code is amended to read:25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused persons intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged.(b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was they were incapable of knowing or understanding the nature and quality of his or her their act and of distinguishing right from wrong at the time of the commission of the offense.(c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment.(d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 25 of the Penal Code is amended to read:25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused persons intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged.(b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was they were incapable of knowing or understanding the nature and quality of his or her their act and of distinguishing right from wrong at the time of the commission of the offense.(c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment.(d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
SECTION 1. Section 25 of the Penal Code is amended to read:
### SECTION 1.
25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused persons intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged.(b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was they were incapable of knowing or understanding the nature and quality of his or her their act and of distinguishing right from wrong at the time of the commission of the offense.(c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment.(d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused persons intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged.(b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was they were incapable of knowing or understanding the nature and quality of his or her their act and of distinguishing right from wrong at the time of the commission of the offense.(c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment.(d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused persons intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged.(b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was they were incapable of knowing or understanding the nature and quality of his or her their act and of distinguishing right from wrong at the time of the commission of the offense.(c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment.(d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused persons intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged.
(b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was they were incapable of knowing or understanding the nature and quality of his or her their act and of distinguishing right from wrong at the time of the commission of the offense.
(c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment.
(d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.