HB 2310--
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Session of 1997
HOUSE BILL No. 2310
By Committee on Judiciary
2-11
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9 AN ACT concerning crimes and punishment; relating to intoxication;
10 amending K.S.A. 21-3208 and repealing the existing section.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 21-3208 is hereby amended to read as follows: 21-
14 3208. (1) The fact that a person charged with a crime was in an intoxicated
15 condition at the time the alleged crime was committed is a defense only
16 if such condition was involuntarily produced and rendered such person
17 substantially incapable of knowing or understanding the wrongfulness of
18 his such person's conduct and of conforming his such person's conduct
19 to the requirements of law.
20 (2) An act committed while in a state of voluntary intoxication is not
21 less criminal by reason thereof, but when a particular intent or other state
22 of mind is a necessary element to constitute a particular crime, and the
23 fact of voluntary intoxication may be taken into consideration in deter-
24 mining such intent or state of mind shall not be admitted into evidence.
25 Sec. 2. K.S.A. 21-3208 is hereby repealed.
26 Sec. 3. This act shall take effect and be in force from and after its
27 publication in the statute book.