Wednesday, April 13, 2011

AG Bruning LB 100 Elimintes Voluntary Intoxication Defense

LINCOLN – Attorney General Jon Bruning applauded today’s passage of LB 100, which eliminates the “not responsible by reason of insanity” defense in situations where the defendant was voluntarily intoxicated or high 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.

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