Louisiana Children’s Code 869 – Insanity plea; appointment of sanity commission
Terms Used In Louisiana Children's Code 869
- Child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Insanity: means a mental disease or mental illness which renders the child incapable of distinguishing between right and wrong with reference to the conduct in question, as a result of which the child is exempt from criminal responsibility. See Louisiana Children's Code 804
A. In addition to the provisions of Article 867, when a child contests an adjudication based on his insanity, the court shall appoint counsel in accordance with Article 809(C) and may appoint a sanity commission as provided for in Article 869.1 to make an examination as to the child’s mental condition at the time of the offense. The court may also order the commission to examine the child’s present mental capacity to proceed.
B. The child has the burden to establish by a preponderance of the evidence that he was insane at the time of the offense.
C. Mental examinations and reports under this Article shall be conducted and filed in conformity with Chapter 7 of this Title.
D. The costs of such court ordered mental examinations shall be paid in accordance with Chapter 3 of Title XXI of the Code of Criminal Procedure.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2008, No. 222, §1, eff. June 16, 2008.