HB 2310--
Session of 1997
By Committee on Judiciary

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 K.S.A. 21-3208 is hereby repealed. 26 Sec. 3.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.