Distraint. Computation prior to levy. Emergency. CHAPTER 29. COLLECTION OF TAXES ON PERSONAL PROPERTY ABOUT AN ACT providing for the collection of taxes upon personal prop- Be it enacted by the Legislature of the State of Washington: SECTION 1. That whenever in the judgment of the assessor or the county treasurer personal property is being removed or is about to be removed without the limits of the State, or is being dissipated or about to be dissipated, the treasurer shall immediately distrain sufficient of said property to pay the taxes upon all the property being removed or about to be removed, is being dissipated or about to be dissipated, together with all accruing costs with interest, and shall advertise and sell said property as provided in Section 7 of Chapter CXLI of the Laws of 1899. SEC. 2. If said personal property is being removed or is about to be removed from the limits of the State, is being dissipated or about to be dissipated at any time subsequent to the first day of March of any year, and prior to the levy of taxes thereon the tax upon such property so distrained shall be computed upon the rate of levy for state, county and local purposes for the preceding year. SEC. 3. An emergency exists and this act shall take effect immediately. Passed the House February 15th, 1907. Passed the Senate February 20th, 1907. Approved by the Governor February 21st, 1907. CHAPTER 30. [S. B. 63.] RELATIVE TO THE CRIMINAL INSANE. AN ACT relating to the criminal insane, their trial, commitment and custody. Be it enacted by the Legislature of the State of Washington: Criminal in defined. SECTION 1. Any person who shall have committed a crime while insane, or in a condition of mental irresponsi- sane bility, and in whom such insanity or mental irresponsibility continues to exist, shall be deemed criminally insane within the meaning of this act. No condition of mind induced by the voluntary act of a person charged with a crime shall be deemed mental irresponsibility within the meaning of this act. Plea of SEC. 2. When it is desired to interpose the defense of insanity or mental irresponsibility on behalf of one charged insanity. with a crime, the defendant, his counsel or other person authorized by law to appear and act for him, shall at the time of pleading to the information or indictment file a plea in writing in addition to the plea or pleas required or permitted by other laws than this, setting up (1) his insanity or mental irresponsibility at the time of the commission of the crime charged, and (2) whether the insanity or mental irresponsibility still exists, or (3) whether the defendant has become sane or mentally responsible between the time of the commission of the crime and the time of the trial. The plea may be interposed at any time thereafter, before the submission of the cause to the jury, if it be proven that the insanity or mental irresponsibility of the defendant at the time of the crime was not before known to any person authorized to interpose a plea. SEC. 3. If the plea of insanity or mental irresponsibility be interposed, and evidence upon that issue be given, the court shall instruct the jury when giving the charge, that in case a verdict of acquittal of the crime charged be returned, they shall also return special verdicts finding (1) whether the defendant committed the crime and if so, (2) Verdict. whether they acquit him because of his insanity or mental irresponsibility at the time of its commission, (3) whether the insanity or mental irresponsibility continues and exists at the time of the trial, and (4) whether, if such condition of insanity or mental irresponsibility does not exist at the time of the trial, there is such likelihood of a relapse or recurrence of the insane or mental irresponsible condition, that the defendant is not a safe person to be at large. Forms for the return of the special verdicts shall be submitted to the jury with the forms for the general verdicts. SEC. 4. If the jury find by their special verdicts that the defendant committed the crime charged, that he is acquitted because of his insanity or mental irresponsibility Discharge. at the time of its commission, and that before the trial he has become a sane or mentally responsible person, and is not liable to a relapse or recurrence of the insane or mentally irresponsible condition, and is a safe person to be at large, he shall be discharged. If the jury find that the defendant committed the crime charged, that he is acquitted because of his insanity or mental irresponsibility at the time of its commission, and that the insanity or mental irresponsibility still exists, or, if it does not exist, that he is so liable to a relapse or recurrence of the insane or mentally irresponsible condition as to be an unsafe person to be at large, the court shall enter judgment in accordance therewith, and shall order the defendant committed as a criminally insane person until such time as he shall be discharged as hereinafter provided. Commitment. Statement of facts. SEC. 5. Either party to the cause may have the evidence and all of the matters not of record in the cause made a part of the record by the certifying of a statement of facts or bill of exceptions as in other cases. If an appeal should be not taken, such statement of facts or bill of exceptions shall remain on file in the office of the clerk of the court where the cause was tried, and if an appeal be taken, the statement of facts or bill of exceptions shall be returned from the Supreme Court to the court where the cause was tried when the Supreme Court shall have rendered its final judgment in the cause. for examina of phy to court. SEC. 6. When any person committed hereunder shall claim to have become sane or mentally responsible and to be free from danger of any relapse or recurrence of mental unsoundness and a safe person to be at large, he shall Application apply to the physician in charge of the criminal insane tion. for an examination of his mental condition and fitness to be at large. If the physician shall certify to the warden Certificate that there is reasonable cause to believe that such person sician. has become sane since his commitment and is a safe person to be at large, the warden shall permit him to present a petition to the court that committed him, setting up the Petition facts leading to his commitment, and that he has since become sane and mentally responsible, and is in such condition that he is a safe person to be at large, and shall pray his discharge from custody. The petition shall be served upon the prosecuting attorney of the county, whose duty it shall be to resist the application. No other pleadings than the petition need be filed, and the court shall set the cause down for trial before a jury, and the trial shall pro- Jury trial. ceed as in other cases. The sole issue to be tried in the Issue. case shall be whether the person petitioning for a discharge has, since his commitment, become a safe person to be at large, and the burden of proof shall be upon him. If the evidence given upon his trial upon the criminal charge Evidence at shall have been preserved by statement of facts or bill of may be exceptions as hereinbefore provided, either party may read such parts of that record as may be desired as evidence upon the hearing. The jury shall be required to Finding of find whether the petitioner has become sane since his commitment, is not liable to a recurrence of the mental unsoundness or relapse, and is a safe person to be at large. If they so find, he shall be entitled to a discharge. If not, his petition shall be dismissed, and he shall be remitted to custody. Either party may appeal to the Supreme Appeal. Court from the judgment discharging the petitioner or remitting him to custody, in the same manner that appeals in other cases are taken. The judgment of remission shall be conclusive that the petitioner is an unsafe person to be at large at the time of its entry; but if he shall subsequently claim to have become a sane and safe persor former trial read. jury. trial. Subsequent to be at large, he may upon a certificate of probable cause by the attending physician, which shall show a change in his mental condition since the last trial, his present sanity and fitness to be at large, again petition for discharge, and the proceedings thereon shall be as hereinabove provided. Recommitment. SEC. 7. Should any criminally insane person discharged hereunder again become insane or mentally irresponsible, or be found to be an unsafe person to be at large because of mental unsoundness, the prosecuting attorney of the county from which he was committed may file a petition in the name of the State, setting up the facts leading to his commitment and subsequent discharge, and the relapse which is the basis of the petition. A warProcedure. rant shall be issued for the defendant as in criminal cases, the defendant taken into custody, and the case tried to a jury, as in other cases provided herein; but the burden of proof, showing reasons for commitment, shall be upon the State. Should the jury find the defendant sane, and a safe person to be at large, he shall be discharged. Should they find that since his discharge he has suffered a relapse or recurrence of his mental unsoundness, and by reason thereof he is an unsafe person to be at large, the court shall issue an order remitting him to custody as criminally insane. The evidence given upon the former trial or trials, if preserved by statement of facts or bill of exceptions as hereinbefore prescribed, may be read upon such hearing, and either party may appeal to the Supreme Court as in other cases. Ward for criminal insane at Penitentiary SEC. 8. The authorities charged with the maintenance and conduct of the State penitentiary shall forthwith provide a ward or department in the State penitentiary wherein shall be confined persons committed as criminally insane persons under the provisions of this act. Such persons shall be under the custody and control of the warden of the penitentiary to the same extent that are other persons committed to his custody, but such provision shall be made for their control, care and treatment as shall be proper in view of their derangement. Any person so committed shall not be discharged from the custody of |