Defendants with legitimate claims of insanity have a very difficult task in getting a fair and objective determination of their claims. HB 1724 would take a step towards improving such defendant’s ability to get fair resolution of the claims.

HB 1724 would make it clear that a defendant is entitled to acquittal on insanity ground if that defendant persuades the jury that because of his/her mental disease or defect, he/she psychotically perceived his/her conduct as morally right even if he/she remained aware that this conduct was legally wrong.

This change is intended to make clear that the insanity defense is available to those persons who commit crimes but are so influenced to do so by serious mental impairment that they are not morally blameworthy. Society needs to be protected from such persons but not by means of criminal conviction.