California Codes
Cal. Penal Code § 29.8 (2026)
Of Persons Liable To Punishment For Crime
✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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In any criminal proceeding in which a plea of not guilty by reason of insanity is entered, this defense shall not be found by the trier of fact solely on the basis of a personality or adjustment disorder, a seizure disorder, or an addiction to, or abuse of, intoxicating substances. This section shall apply only to persons who utilize this defense on or after the operative date of the section.
Notes of Decisions
Cited in 3
cases, 2019–2020 · leading case: (HC) Xiong v. Hatton, No. 1:19-cv-00569 (E.D. Cal. Nov. 22, 2019).
(HC) Xiong v. Hatton, No. 1:19-cv-00569 (E.D. Cal. Nov. 22, 2019). “) Under California Penal Code § 29.8, substance abuse alone cannot 26 support an NGI plea, and there is nothing in the record apart from substance abuse that would 27 support an NGI plea.”
(HC) Minchak v. Covello, No. 2:20-cv-00063 (E.D. Cal. June 24, 2020). “Petitioner was deprived of his Sixth and Fourteenth Amendment rights to the effective 2 assistance of trial counsel in that counsel failed to: (1) request an instruction accurately 3 reflecting the law (Cal. Penal Code Section 29.8.), that the jury could consider 4 Petitioner’s…”
(HC) Xiong v. Hatton, No. 1:19-cv-00569 (E.D. Cal. Apr. 9, 2020). “) The only arguably new assertion by 7 petitioner in his objections is his argument that he was prejudiced by the withdrawal of his not 8 guilty by reason of insanity (“NGI”) defense in state court because it would not have failed 9 despite California Penal Code § 29.8, which…”
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