SB 637

Under current law, if a person is intoxicated or drugged when he or she is

alleged to have committed a crime, the intoxication or drugged condition is a defense

to criminal liability if: 1) the person was involuntarily intoxicated or drugged at the

time of the alleged offense and the person's condition rendered him or her incapable

of distinguishing between right and wrong; or 2) the person's condition, whether

voluntarily or involuntarily produced, made it impossible for him or her to have had

the intent necessary to commit the crime. Voluntary intoxication, however, is

generally not a defense in the second situation if the offense charged is based on the

person's criminal recklessness. This bill eliminates the defense of voluntary

intoxication.