Criminal Justice

Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.

Malicious bodily injury to correctional officers; penalties. Provides that if any person maliciously causes bodily injury to another by any means, including the means set out in existing law, with intent to maim, disfigure, disable, or kill, and knowing or having reason to know that such other person is a correctional officer, as defined in relevant law, engaged in the performance of his public duties as a correctional officer, such person is guilty of a felony punishable by imprisonment for a period of not less than five years nor more than 30 years and, subject to existing law, a fine of not more than $100,000; upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of two years. The bill also provides that if any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a correctional officer engaged in the performance of his public duties as a correctional officer, he is guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year.

Procedure for use of prior conviction as element of offense charged. Establishes a procedure for using a defendant's prior conviction to prove an element of an offense charged or to enhance the punishment for the offense charged.