Defendants with legitimate claims of insanity have a very difficult task in getting a fair and objective determination of their claims. HB 1721 would take a step towards improving such defendant’s ability to get fair resolution of the claims.
HB 1721 would make it clear that the insanity defense may apply to a defendant who knew in a narrow and purely intellectual sense that the conduct was wrong. A defendant in entitled to be found not guilty by reason of insanity if his mental impairment deprived him of a meaningful appreciation that the conduct was 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.