75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1076
 
                         House Bill 2104
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of former Representative Donna
  Nelson)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies standard for determining whether defendant is guilty
except for insanity.
 
                        A BILL FOR AN ACT
Relating to guilt except for insanity; creating new provisions;
  and amending ORS 161.295.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.295 is amended to read:
  161.295. (1) A person is guilty except for insanity if, as a
result of mental disease or defect at the time of engaging in
criminal conduct, the person lacks substantial capacity either to
appreciate the   { - criminality - }  { +  nature and quality + }
of the conduct or to conform the conduct to the requirements of
law.
  (2) As used in chapter 743, Oregon Laws 1971, the terms '
mental disease or defect' do not include an abnormality
manifested only by repeated criminal or otherwise antisocial
conduct, nor do they include any abnormality constituting solely
a personality disorder.
  SECTION 2.  { + The amendments to ORS 161.295 by section 1 of
this 2009 Act apply to persons charged with engaging in criminal
conduct that occurs on or after the effective date of this 2009
Act. + }
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