This bill replaces the term "mental disease or defect" with the term "qualifying mental disorder," for purposes of diminished capacity defense, guilty except for insanity (GEI) plea and post-adjudication jurisdiction of persons found GEI. B amendment includes provision describing legislative intent to replace term without making substantive change to law.
Personal Choice and Responsibility
Mental Illness" and "mental disorder" are typically used interchangeably. However, there has, historically, been a difference between mental illness and mental disorders. A mental disorder is a change in an individual’s way of thinking and feeling that impedes his ability to perform his day-to-day activities. There are several forms of mental disorders of which anxiety and depression are the most prominent conditions. Where mental disease is an illness of the brain and they have different origins. A blanket change to all statute is to subject more people to what ever that law is, such as gun rights and parental rights.
Since the adoption of the 1971 Oregon Criminal Code, the underlying mental illness has been described as a "mental disease or defect." Senate Bill 64-B replaces this phrase with the phrase "qualifying mental disorder" and includes a provision describing the legislative intent to modernize terminology, without changing the underlying law.