SUMMARY--Provides that voluntary intoxication of defendant may not be considered in determining existence of requisite mental state of offense. (BDR 15-713)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to criminal procedure; providing that the voluntary intoxication of a defendant may not be considered in determining the existence of a mental state that is an element of the offense; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The voluntary intoxication of a person:
(a) Is not a defense to any offense; and
(b) May not be considered in determining the existence of a mental state that is an element of an offense.
2. Except as otherwise provided in subsection 3, the intoxication of a person is voluntary if, at the time he consumes, smokes, sniffs, injects or otherwise ingests intoxicating liquor, a controlled substance or any other intoxicating substance, he knows or has reason to know that the intoxicating liquor, controlled substance or other intoxicating substance tends to cause impairment of his mental faculties or intoxication.
3. The intoxication of a person is not voluntary if he consumes, smokes, sniffs, injects or otherwise ingests intoxicating liquor, a controlled substance or any other intoxicating substance:
(a) Under such duress as would constitute a defense to the offense; or
(b) Pursuant to, and in accordance with, the medical advice and lawful instructions of a physician.
Sec. 2 NRS 193.220 is hereby amended to read as follows:
193.220 No act committed by a person while in a state of insanity [or voluntary intoxication] shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the fact of his insanity [or intoxication] may be taken into consideration in determining the purpose, motive or intent.
Sec. 3 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. The amendatory provisions of this act apply to offenses committed on or after July 1, 1997.
Sec. 5. This act becomes effective on July 1, 1997.