Page 1, before line 1, insert:
"Page
4, between lines 17 and 18, insert:
Sec. 3. Section
13-502, Arizona Revised Statutes, as amended by section 2 of this act, is
amended to read:
START_STATUTE13-502. Insanity
test; burden of proof; guilty except insane verdict
A. A person may be
found guilty except insane if at the time of the commission of the criminal act
the person was afflicted with a mental disease or defect of such severity that
the person did not know the criminal act was wrong. A mental disease
or defect constituting legal insanity is an affirmative
defense. Mental disease or defect does not include disorders that
result from acute voluntary intoxication or withdrawal from alcohol or drugs,
character defects, psychosexual disorders or impulse control disorders.
Conditions that do not constitute legal insanity include momentary, temporary
conditions arising from the pressure of the circumstances, moral decadence,
depravity or passion growing out of anger, jealousy, revenge, hatred or other
motives in a person who does not suffer from a mental disease or defect or an
abnormality that is manifested only by criminal conduct.
B. In a case involving
the death or serious physical injury of or the threat of death or serious
physical injury to another person, if a plea of insanity is made and the court
determines that a reasonable basis exists to support the plea, the court may
commit the defendant to a secure state mental health facility under the
department of health services, a secure county mental health evaluation and
treatment facility or another secure licensed mental health facility for up to
thirty days for mental health evaluation and treatment. Experts at the mental
health facility who are licensed pursuant to title 32, who are familiar with
this state's insanity statutes, who are specialists in mental diseases and
defects and who are knowledgeable concerning insanity shall observe and
evaluate the defendant. The expert or experts who examine the
defendant shall submit a written report of the evaluation to the court, the
defendant's attorney and the prosecutor. The court shall order the
defendant to pay the costs of the mental health facility to the clerk of the
court. The clerk of the court shall transmit the reimbursements to
the mental health facility for all of its costs. If the court finds
the defendant is indigent or otherwise is unable to pay all or any of the
costs, the court shall order the county to reimburse the mental health facility
for the remainder of the costs. Notwithstanding section 36-545.02,
the mental health facility may maintain the reimbursements. If the
court does not commit the defendant to a secure state mental health facility, a
secure county mental health evaluation and treatment facility or another secure
licensed mental health facility, the court shall appoint an independent expert
who is licensed pursuant to title 32, who is familiar with this state's
insanity statutes, who is a specialist in mental diseases and defects and who
is knowledgeable concerning insanity to observe and evaluate the defendant. The
expert who examines the defendant shall submit a written report of the
evaluation to the court, the defendant's attorney and the prosecutor. The
court shall order the defendant to pay the costs of the services of the
independent expert to the clerk of the court. The clerk of the court
shall transmit the reimbursements to the expert. If the court finds
the defendant is indigent or otherwise unable to pay all or any of the costs,
the court shall order the county to reimburse the expert for the remainder of
the costs. This subsection does not prohibit the defendant or this
state from obtaining additional psychiatric examinations by other mental health
experts who are licensed pursuant to title 32, who are familiar with this
state's insanity statutes, who are specialists in mental diseases and defects
and who are knowledgeable concerning insanity.
C. The
defendant shall prove the defendant's legal insanity by clear and convincing
evidence.
D. If
the finder of fact finds the defendant guilty except insane, the court shall
determine the sentence the defendant could have received pursuant to section 13-707
or section 13-751, subsection A or the presumptive sentence the defendant
could have received pursuant to section 13-702, section 13-703,
section 13-704, section 13-705, section 13-706, subsection A, section 13-710
or section 13-1406 if the defendant had not been found insane, and the
judge shall suspend the sentence and shall order the
defendant to be placed and remain under the jurisdiction
of the psychiatric security review board superior
court and committed to a secure state mental
health facility under the department of health services pursuant to section 13-3992
for that term. In making this determination the court shall not
consider the sentence enhancements for prior convictions under section 13-703
or 13-704. The court shall expressly identify each act that the
defendant committed and separately find whether each act involved the death or
physical injury of or a substantial threat of death or physical injury to
another person.
E. A
guilty except insane verdict is not a criminal conviction for sentencing
enhancement purposes under section 13-703 or 13-704."
Page 5, line
24, after "mental" strike remainder of line
Strike lines
25 through 27, insert "disease or defect" means a
condition that was the basis for a person being found guilty except insane
pursuant to section 13-502 or that was subsequently diagnosed while the
person was under the jurisdiction of the psychiatric security review board and
for which the person needs ongoing mental health treatment."
Line 28,
after "is" insert "requested
by the psychiatric security review board and that is"
Line 40,
strike "disorder" insert "disease
or defect""
Page 1, strike lines 3 and 4, insert:
"Page
6, line 43, after "violence" insert ", including the propensity to reoffend"
Page 7,
lines 33, 34 and 37, strike "disorder" insert
"disease or defect""
Between
lines 6 and 7, insert:
"Page
9, lines 11 and 12, strike "disorder" insert
"disease or defect""
Between
lines 7 and 8, insert:
"Page
11, line 41, strike "disease or defect
disorder" insert "disease or defect""
Strike line
8, insert:
"Page
12, strike line 1, insert "mental disease or defect and is not
dangerous""
Page 1, between lines 14 and 15,
insert:
"Lines
14 and 15, strike "disease or defect
disorder" insert "disease or defect""
Between
lines 16 and 17, insert:
"Line
27, strike "disease disorder"
insert "disease or defect""
Between
lines 20 and 21, insert:
"Page
15, strike lines 32 and 33
Reletter to
conform
Line 41,
after the first "the" insert "chairperson or vice chairperson of the"
Line 43,
strike "seven" insert "three"
Page 16,
line 7, strike "fourteen" insert "forty-five"
Line 11,
strike "oral pronouncement" insert "issuance of the board's written decision""
Page 2,
between lines 2 and 3, insert:
"Page
17, lines 30 and 31, strike "cochairperson"
insert "vice chairperson"
Page 19,
strike lines 8 through 23
Renumber to
conform
Line 24,
strike "three" insert "two"
Line 33,
after the period insert "In addition to any other
information that the board determines to include in the report,"
Page 20,
lines 21 and 22, strike "pursuant to title 41, chapter 6,
article 10"
Line 34,
after "met" insert ", the
patient requests a continuance and the opportunity to supplement the
information that is available for the board's consideration and the board finds
there is sufficient cause to grant the request for the continuance"
Line 35,
strike "and deliberate"
Page 21,
strike lines 35 through 37
Reletter to
conform
Page 25,
line 5, strike "disorder" insert "disease or defect""
Page 2, between lines 4 and 5, insert:
"Page
30, strike lines 13 through 20, insert:
"Sec. 19. Section
41-3028.11, Arizona Revised Statutes, is renumbered as section 41-3023.17
and, as so renumbered, is amended to read:
START_STATUTE41-3023.17. Psychiatric
security review board; termination July 1, 2023
A. The psychiatric
security review board terminates on July 1, 2028 2023.
B. Title
31 13, chapter 4
38, article 14 and this section are repealed on January
1, 2029 2024."
Page 31,
line 45, strike "fifty-fifth" insert "fifty-sixth";
strike "second" insert "first"
After line
45, insert:
"Sec. 22. Transfer of jurisdiction of psychiatric security review board
powers and duties
A. Beginning
from and after June 30, 2023, the superior court shall have exclusive
supervisory jurisdiction over all persons who are under the supervision of the
psychiatric security review board on July 1, 2023.
B. The superior court
is vested with the powers and duties of the psychiatric security review board
as they existed before July 1, 2023 to carry out the provisions of title 13,
chapter 38, article 4."
Renumber to conform
Page
32, after line 5, insert:
"Sec. 24. Effective date
Section 13-502, Arizona
Revised Statutes, as amended by section 3 of this act, is effective from and
after June 30, 2023.""
Amend title to conform
Bill
Number: S.B. 1029