Whereas, the enforcement of the criminal laws is a paramount concern to the health, safety and welfare of the State; and

Whereas, the problems with people intoxicated by alcohol and drugs already place a large burden on the State's criminal justice system; and

Whereas, the potential of intoxicated people using their intoxication as a defense to criminal activity threatens the integrity of the judicial process; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §37, sub-§1, as enacted by PL 1981, c. 324, §14, is amended to read:

1. Except as provided in subsection 2, evidence Evidence of intoxication may raise a reasonable doubt as to the existence of a required culpable state of mind, unless the intoxication is self-induced.

Sec. 2. 17-A MRSA §37, sub-§2, as enacted by PL 1981, c. 324, §14, is repealed.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill removes the exception to the statute that allows the defense of self-induced intoxication to a criminal charge if the only mental state required as an element of the offense is recklessness.