PRIOR PRINTER'S NO. 1306 PRINTER'S NO. 2410
No. 1162 Session of 1979
INTRODUCED BY MESSRS. D. M. FISHER, REED, PETERSON, SWEET,
PERZEL, VROON, LASHINGER, BURD, POTT, NOYE, MILLER,
MRS. SIRIANNI, MESSRS. CIMINI, McINTYRE AND SIEMINSKI,
MAY 2, 1979
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 31, 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. FURTHER PROVIDING FOR THE DEFENSE OF <--
5 INSANITY.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18, act of November 25, 1970 (P.L.707,
9 No.230), known as the Pennsylvania Consolidated Statutes, is
10 amended by adding a section SECTIONS to read: <--
11 § 314. Insanity. <--
12 The fact that the defendant, as a result of a defect of
13 reason or disease of the mind, did not know the nature or the
14 quality of his acts or omissions, or if he did, that he did not
15 know they were wrong, shall not be a defense to a criminal
16 charge, nor may evidence of such mental state be introduced to
17 negative the element of intent of the offense, except that
18 evidence of such mental state of the defendant may be offered by
1 the defendant whenever it is relevant to reduce murder from a
2 higher degree to a lower degree of murder.
3 Section 2. Section 1352 of Title 18 is reenacted and amended
4 to read:
5 § 1352. Sentencing proceeding generally.
6 (a) General rule.--As soon as practicable after the
7 determination of guilt and the examination of any presentence
8 report, a proceeding shall be held at which the court shall:
9 (1) Entertain submissions by the parties on the facts
10 relevant to the sentence, including any facts with respect to
11 negotiated pleas, as to the nature of the sentence.
12 (2) Afford to the defendant the right to make a
13 statement.
14 (3) Hear argument by the defense on the applicability of
15 the various sentencing alternatives to the facts of the case,
16 and may hear argument by the prosecution.
17 (b) Evidence.--Where the need for further evidence has not
18 been eliminated by a presentence conference, evidence offered by
19 the parties on the sentencing issue shall be presented in open
20 court with the rights of confrontation, cross-examination, and
21 representation by counsel. Notwithstanding the provisions of
22 section 314 (relating to insanity) evidence of the mental state
23 of the defendant at the time the crime was committed and at the
24 time of the sentencing proceeding may be offered at such
25 sentencing proceeding in mitigation of sentence. Any defendant
26 determined by the court to be severely mentally disabled shall
27 be referred for examination and treatment pursuant to the
28 provisions of the act of July 9, 1976 (P.L.817, No.143), known
29 as the "Mental Health Procedures Act."
30 § 314. GUILTY BUT MENTALLY ILL. <--
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1 (A) GENERAL RULE.--A PERSON WHO OFFERS A DEFENSE OF INSANITY
2 AT TRIAL MAY BE FOUND "GUILTY BUT MENTALLY ILL," IF, AFTER
3 TRIAL, THE TRIER OF FACTS FINDS BEYOND A REASONABLE DOUBT THAT
4 THE PERSON IS GUILTY OF AN OFFENSE, THAT THE PERSON WAS MENTALLY
5 ILL AT THE TIME OF THE COMMISSION OF THE OFFENSE AND THAT THE
6 PERSON KNEW AT THE TIME OF THE COMMISSION OF THE OFFENSE THE
7 NATURE AND QUALITY OF HIS ACT AND KNEW THAT WHAT HE WAS DOING
8 WAS WRONG.
9 (B) PLEA OF GUILTY BUT MENTALLY ILL.--A PERSON WHO WAIVES
10 HIS RIGHT TO TRIAL MAY PLEAD GUILTY BUT MENTALLY ILL. NO PLEA OF
11 GUILTY BUT MENTALLY ILL MAY BE ACCEPTED BY THE TRIAL JUDGE UNTIL
12 HE HAS EXAMINED ALL REPORTS PREPARED PURSUANT TO THE RULES OF
13 CRIMINAL PROCEDURE, HAS HELD A HEARING ON THE SOLE ISSUE OF THE
14 DEFENDANT'S MENTAL ILLNESS AT WHICH EITHER PARTY MAY PRESENT
15 EVIDENCE AND IS SATISFIED THAT THE DEFENDANT WAS MENTALLY ILL AT
16 THE TIME OF THE OFFENSE TO WHICH THE PLEA IS ENTERED. IF THE
17 TRIAL JUDGE REFUSES TO ACCEPT A PLEA OF GUILTY BUT MENTALLY ILL,
18 THE DEFENDANT SHALL BE PERMITTED TO WITHDRAW HIS PLEA.
19 (C) DEFINITION.-- AS USED IN THIS SECTION "MENTALLY ILL"
20 MEANS A SUBSTANTIAL DISORDER OF THOUGHT OR MOOD WHICH
21 SIGNIFICANTLY IMPAIRS JUDGMENT, BEHAVIOR, CAPACITY TO RECOGNIZE
22 REALITY OR ABILITY TO COPE WITH THE ORDINARY DEMANDS OF LIFE.
23 § 1327. DISPOSITION OF PERSONS FOUND GUILTY BUT MENTALLY ILL.
24 (A) IMPOSITION OF SENTENCE.--A DEFENDANT FOUND GUILTY BUT
25 MENTALLY ILL OR WHOSE PLEA OF GUILTY BUT MENTALLY ILL IS
26 ACCEPTED UNDER THE PROVISIONS OF SECTION 314 (RELATING TO GUILTY
27 BUT MENTALLY ILL) MAY HAVE ANY SENTENCE IMPOSED ON HIM WHICH MAY
28 LAWFULLY BE IMPOSED ON ANY DEFENDANT CONVICTED OF THE SAME
29 OFFENSE.
30 (B) TREATMENT.--AN OFFENDER WHO IS COMMITTED TO THE CUSTODY
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1 OF THE DEPARTMENT OF JUSTICE, BUREAU OF CORRECTIONS OR COUNTY
2 JAIL, SHALL UNDERGO FURTHER EVALUATION AND BE PROVIDED SUCH
3 TREATMENT AS IS PSYCHIATRICALLY INDICATED FOR HIS MENTAL
4 ILLNESS, EXCEPT THAT HE MAY, BY WRITTEN STATEMENT, REFUSE TO
5 TAKE SUCH DRUGS AS MAY BE PRESCRIBED. TREATMENT MAY BE PROVIDED
6 BY THE DEPARTMENT OF JUSTICE, BUREAU OF CORRECTIONS, BY THE
7 COUNTY OR BY THE DEPARTMENT OF PUBLIC WELFARE IN ACCORDANCE WITH
8 THE ACT OF JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE "MENTAL
9 HEALTH PROCEDURES ACT," WHICH SHALL ALSO GOVERN HIS DISCHARGE
10 FROM ANY TREATING MENTAL HEALTH FACILITY AND RETURN TO THE
11 DEPARTMENT OF JUSTICE, BUREAU OF CORRECTIONS OR COUNTY JAIL.
12 (C) DISCHARGE REPORT.--WHEN A TREATING FACILITY DESIGNATED
13 BY EITHER THE DEPARTMENT OF JUSTICE OR THE DEPARTMENT OF PUBLIC
14 WELFARE DISCHARGES SUCH A DEFENDANT PRIOR TO THE EXPIRATION OF
15 HIS SENTENCE, THAT TREATING FACILITY SHALL TRANSMIT TO THE
16 PAROLE BOARD A REPORT ON THE CONDITION OF THE OFFENDER WHICH
17 DESCRIBES:
18 (1) THE DEFENDANT'S BEHAVIOR.
19 (2) THE COURSE OF TREATMENT.
20 (3) THE POTENTIAL FOR RECURRENCE OF THE BEHAVIOR.
21 (4) THE POTENTIAL FOR DANGER TO HIMSELF OR THE PUBLIC.
22 (5) RECOMMENDATIONS FOR FUTURE TREATMENT AND PAROLE,
23 TOGETHER WITH THE REASONS FOR ITS JUDGMENTS CONCERNING THE
24 INFORMATION PROVIDED.
25 (D) PAROLE.--IF THE REPORT OF THE TREATING FACILITY
26 RECOMMENDS PAROLE, THE PAROLE BOARD OR JUDGE SHALL CONSIDER THE
27 OFFENDER FOR PAROLE WITHIN 90 DAYS AFTER RECEIPT OF THE REPORT.
28 IF THE REPORT DOES NOT RECOMMEND PAROLE, THE PAROLE BOARD OR
29 JUDGE MAY CONSIDER THE OFFENDER FOR PAROLE PURSUANT TO OTHER LAW
30 OR ADMINISTRATIVE RULES. WHEN THE PAROLE BOARD OR JUDGE
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1 CONSIDERS THE OFFENDER FOR PAROLE, THE BOARD OR JUDGE SHALL
2 CONSULT WITH THE TREATING FACILITY AT WHICH THE DEFENDANT IS
3 BEING TREATED OR FROM WHICH HE WAS DISCHARGED. IF NO REPORT HAS
4 BEEN FILED WITH THE BOARD OR JUDGE, OR MORE THAN 180 DAYS HAS
5 ELAPSED SINCE THE OFFENDER'S DISCHARGE FROM THE TREATING
6 FACILITY, A REPORT LIKE THAT REQUIRED IN SUBSECTION (C) SHALL BE
7 FILED. IF HE IS PLACED ON PAROLE, FURTHER PSYCHIATRIC TREATMENT
8 MAY BE MADE A CONDITION THEREOF, AND FAILURE TO CONTINUE
9 TREATMENT, EXCEPT BY AGREEMENT OF THE TREATING FACILITY AND THE
10 PAROLE BOARD, SHALL BE A BASIS FOR INSTITUTING PAROLE VIOLATION
11 HEARINGS.
12 (E) PROBATION.--
13 (1) IF AN OFFENDER WHO IS FOUND GUILTY BUT MENTALLY ILL
14 IS PLACED ON PROBATION, THE JUDGE, UPON RECOMMENDATION OF THE
15 DISTRICT ATTORNEY, SHALL MAKE TREATMENT A CONDITION OF
16 PROBATION.
17 (2) REPORTS AS SPECIFIED BY THE TRIAL JUDGE SHALL BE
18 FILED WITH THE PROBATION OFFICER AND THE SENTENCING COURT.
19 FAILURE TO CONTINUE TREATMENT, INCLUDING THE REFUSAL TO TAKE
20 SUCH DRUGS AS MAY BE PRESCRIBED, EXCEPT BY AGREEMENT OF THE
21 SENTENCING COURT SHALL BE A BASIS FOR THE INSTITUTION OF
22 PAROLE VIOLATION HEARINGS. THE PERIOD OF PROBATION SHALL NOT
23 BE LESS THAN FIVE YEARS AND SHALL NOT BE REDUCED WITHOUT
24 RECEIPT AND CONSIDERATION BY THE COURT OF A PSYCHIATRIC
25 REPORT LIKE THAT REQUIRED IN SUBSECTION (C).
26 (3) TREATMENT SHALL BE PROVIDED BY AN AGENCY OF THE
27 DEPARTMENT OF PUBLIC WELFARE, OR WITH THE APPROVAL OF THE
28 SENTENCING COURT AND AT INDIVIDUAL EXPENSE, BY PRIVATE
29 AGENCIES, PRIVATE PHYSICIANS, OR OTHER MENTAL HEALTH
30 PERSONNEL. A PSYCHIATRIC REPORT SHALL BE FILED WITH THE
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1 PROBATION OFFICER AND THE SENTENCING COURT EVERY THREE MONTHS
2 DURING THE PERIOD OF PROBATION. IF A MOTION ON A PETITION TO
3 DISCONTINUE PROBATION IS MADE BY THE DEFENDANT, THE PROBATION
4 OFFICER SHALL REQUEST A REPORT AS SPECIFIED FROM THE TREATING
5 FACILITY.
6 Section 3 2. The act of July 9, 1976 (P.L.817, No.143), <--
7 known as the "Mental Health Procedures Act," is repealed insofar
8 as inconsistent with the provisions of 18 Pa.C.S., §§ 314 and
9 1352 1327. <--
10 Section 4 3. This act shall take effect in 60 days. <--
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