Existing law, added by initiative statute, provides, among other things, that the defense of not guilty by reason of insanity 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 incapable of knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense.
This bill would bar any finding in support of that defense that is based solely on a personality or adjustment disorder, a seizure disorder, or an addiction to, or abuse of, intoxicating substances. The bill would be applicable to persons who use the defense after its provisions become operative.
The bill would amend an initiative statute that may be further amended by a
2/3 vote of the Legislature.