Bill that limits use of insanity defense passes

State lawmakers have a bill which limits the use of the “not responsible by reason of insanity” defense.

LB 100 would eliminate that type of defense in situations where the defendant was voluntarily high or intoxicated when he or she committed the crime.  Carried by State Sen. Colby Coash of Lincoln, LB 100 was part of the Attorney General's legislative package.

“Criminals who choose to get intoxicated before committing crimes should not be able to use that as an excuse to avoid being punished,” said Sen. Coash. “This legislation eliminates that possibility.”

The law also removes the option of using voluntary intoxication as a defense to negate the intent element of a criminal charge.

“If you make a conscious choice to get drunk or high, you are still responsible for your actions,” said Bruning. “This legislation helps to ensure criminals will be held accountable for their crimes.”

At least 34 states have enacted similar legislation including Colorado, Montana, North Dakota, Oklahoma, Wyoming and South Dakota.