PRINTER'S NO. 1306
No. 1162 Session of 1979
INTRODUCED BY FISHER, REED, PETERSON, SWEET, PERZEL, VROON,
LASHINGER, BURD, POTT, NOYE, MILLER, SIRIANNI AND CIMINI,
MAY 2, 1979
REFERRED TO COMMITTEE ON JUDICIARY, MAY 2, 1979
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, abolishing the insanity defense,
3 restricting the introduction of evidence relating thereto and
4 making a repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18, act of November 25, 1970 (P.L.707,
8 No.230), known as the Pennsylvania Consolidated Statutes, is
9 amended by adding a section to read:
10 § 314. Insanity.
11 The fact that the defendant, as a result of a defect of
12 reason or disease of the mind, did not know the nature or the
13 quality of his acts or omissions, or if he did, that he did not
14 know they were wrong, shall not be a defense to a criminal
15 charge, nor may evidence of such mental state be introduced to
16 negative the element of intent of the offense, except that
17 evidence of such mental state of the defendant may be offered by
18 the defendant whenever it is relevant to reduce murder from a
1 higher degree to a lower degree of murder.
2 Section 2. Section 1352 of Title 18 is reenacted and amended
3 to read:
4 § 1352. Sentencing proceeding generally.
5 (a) General rule.--As soon as practicable after the
6 determination of guilt and the examination of any presentence
7 report, a proceeding shall be held at which the court shall:
8 (1) Entertain submissions by the parties on the facts
9 relevant to the sentence, including any facts with respect to
10 negotiated pleas, as to the nature of the sentence.
11 (2) Afford to the defendant the right to make a
12 statement.
13 (3) Hear argument by the defense on the applicability of
14 the various sentencing alternatives to the facts of the case,
15 and may hear argument by the prosecution.
16 (b) Evidence.--Where the need for further evidence has not
17 been eliminated by a presentence conference, evidence offered by
18 the parties on the sentencing issue shall be presented in open
19 court with the rights of confrontation, cross-examination, and
20 representation by counsel. Notwithstanding the provisions of
21 section 314 (relating to insanity) evidence of the mental state
22 of the defendant at the time the crime was committed and at the
23 time of the sentencing proceeding may be offered at such
24 sentencing proceeding in mitigation of sentence. Any defendant
25 determined by the court to be severely mentally disabled shall
26 be referred for examination and treatment pursuant to the
27 provisions of the act of July 9, 1976 (P.L.817, No.143), known
28 as the "Mental Health Procedures Act."
29 Section 3. The act of July 9, 1976 (P.L.817, No.143), known
30 as the "Mental Health Procedures Act," is repealed insofar as
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1 inconsistent with the provisions of 18 Pa.C.S., §§ 314 and 1352.
2 Section 4. This act shall take effect in 60 days.
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