DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 328 Original 2023 Regular Session Selders
Abstract: Prohibits the death penalty from being imposed upon any person with a severe mental
illness.
Present law prohibits the death penalty from being imposed upon any person with an intellectual
disability and provides for definitions and procedures to be followed after a capital defendant claims
to have a intellectual disability.
Proposed law amends present law to also prohibit the death penalty from being imposed upon any
person with a severe mental illness. Further provides that the procedures to be followed for a capital
defendant who claims to have an intellectual disability shall also be applied to a capital defendant
who claims to have a severe mental illness.
Proposed law provides that a person has a severe mental illness if both of the following conditions
are applicable:
(1) Before a claim of severe mental illness is raised, the person has been diagnosed with one or
more of the following conditions:
(a)Schizophrenia or any other psychotic disorder.
(b)Bipolar disorder.
(c)Major depressive disorder.
(d)Delusional disorder.
(e)Post-traumatic stress disorder.
(f)Traumatic brain injury.
(2)At the time of the offense, the condition or conditions described in proposed law, despite not
meeting the standard set forth in present law (R.S. 14:14) to establish a defense of insanity,
significantly impaired the person's capacity to do any of the following:
(a)Appreciate the nature, consequences, or wrongfulness of his conduct. (b)Exercise rational judgment in relation to his conduct.
(c)Conform his conduct to the requirements of the law.
Proposed law provides that a disorder that is primarily manifested by a repeated pattern of criminal
conduct or solely attributable to the acute effects of voluntary use of alcohol or drugs does not
constitute a severe mental illness.
(Amends C.Cr.P. Art. 905.5.1(A)-(G); Adds C.Cr.P. Art. 905.5.1(I))