PRINTER'S NO. 3517
No. 2615 Session of 1982
INTRODUCED BY PICCOLA, HAYES, GEIST, DININNI, MANMILLER, ALDEN,
ANDERSON, ARMSTRONG, BITTLE, BRANDT, CESSAR, CIMINI,
DeVERTER, FARGO, FISCHER, MERRY, A. C. FOSTER, JR.,
W. W. FOSTER, GRIECO, GRUPPO, HASAY, JOHNSON, KLINGAMAN,
LEHR, LEVI, MARMION, MILLER, PHILLIPS, PUNT, SALVATORE,
SIEMINSKI, SIRIANNI, SWIFT, E. Z. TAYLOR, J. L. WRIGHT,
DURHAM, DIETZ, COLAFELLA, HARPER, HOEFFEL, HALUSKA,
LIVENGOOD, LESCOVITZ, NOYE, BROWN, BURNS, RASCO, STEVENS,
CLYMER, FRAZIER, STAIRS, CORDISCO, DORR, MICOZZIE, WESTON,
MACKOWSKI, BELOFF, MAIALE, GANNON, STUBAN, MORRIS, RITTER,
PRATT, DAVIES, ARTY, STEWART, D. R. WRIGHT, CALTAGIRONE,
RIEGER, POTT, MISCEVICH, BOWSER, SEVENTY, SWAIM, MURPHY,
COWELL, GAMBLE, LUCYK, HEISER, FRYER, GREENFIELD, GALLAGHER,
WENGER, SPENCER, PUCCIARELLI, HONAMAN, JACKSON, CUNNINGHAM,
PETRONE, GRUITZA, COLE, HAGARTY, VROON, VAN HORNE, PETERSON,
SAURMAN, PITTS AND L. E. SMITH, AUGUST 17, 1982
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 17, 1982
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the defense of
3 insanity.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18, act of November 25, 1970 (P.L.707, No.
7 230), known as the Pennsylvania Consolidated Statutes, is
8 amended by adding a section to read:
9 § 314. Insanity.
10 (a) General rule.--The mental soundness of an actor engaged
11 in conduct charged to constitute an offense shall only be a
12 defense to the charged offense when the actor proves by a
1 preponderance of evidence that the actor was legally insane at
2 the time of the commission of the offense.
3 (b) Definition.--For purposes of this section the phrase
4 "legally insane" means that, at the time of the commission of
5 the offense, the actor was laboring under such a defect of
6 reason, from disease of the mind, as not to know the nature and
7 quality of the act he was doing or, if the actor did know the
8 quality of the act, that he did not know that what he was doing
9 was wrong.
10 Section 2. This act shall apply to all indictments or
11 informations filed on or after the effective date of this act.
12 Section 3. This act shall take effect in 60 days.
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