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Committee hears negotiated fix to guilty-except-for-insanity standard after Oregon Supreme Court rulings
Summary
House Bill 2,471 A would set a 'but for' causation standard and bar a non-qualifying mental disorder from being the primary cause of lack of capacity for a GEI defense; the measure was presented as a negotiated product of prosecutors, defense counsel and forensic evaluators.
The Senate Committee on Judiciary held a public hearing on House Bill 2,471 A on April 28. The measure seeks to clarify the statutory standard for a guilty-except-for-insanity (GEI) defense after recent Oregon Supreme Court decisions.
Melissa Marrero, Senior Deputy District Attorney from Multnomah County, told the committee the bill represents a negotiated agreement between the Oregon District Attorneys Association (ODAA) and the Oregon Criminal Defense Lawyers Association (OCDLA), and reflects input from certified forensic evaluators. "House Bill 2471A does not use the term 'as a result of' in its drafting,…
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