Bill Text - SB392 (2022)

(New Title) establishing a commission to study insanity and restoration of competency.


Revision: Dec. 23, 2021, 12:48 p.m.

SB 392  - AS INTRODUCED

 

 

2022 SESSION

22-3036

05/04

 

SENATE BILL 392

 

AN ACT relative to the statutory definition of insane or insane person.

 

SPONSORS: Sen. Sherman, Dist 24; Sen. Prentiss, Dist 5

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill revises the definition in RSA 21:18 of insane or insane person.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-3036

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the statutory definition of insane or insane person.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Statutory Construction; Definition of Insane or Insane Person.  RSA 21:18 is repealed and reenacted to read as follows:

21:18  Insane.  The words "insane" or "insane person" mean a person suffering from a mental disease or defect at the time of the commission of the act or acts constituting a criminal offense whereby he or she lacks substantial capacity to appreciate the criminality of his or her conduct.  "Mental disease or defect" means only those severely abnormal mental conditions that grossly and demonstrably impair a person’s perception or understanding of reality.  An abnormality manifested only by repeated criminal conduct, antisocial conduct, excessive voluntary use of alcohol, drugs, or similar substances, shall not, by itself, constitute a mental disease or defect.

2  Effective Date.  This act shall take effect 60 days after its passage.