1Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
2act relating to mental health procedures; providing for the
3treatment and rights of mentally disabled persons, for
4voluntary and involuntary examination and treatment and for
5determinations affecting those charged with crime or under
6sentence," in criminal justice determinations, further
7providing for incompetence and for procedure.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1.  Section 402(e) and (f) of the act of July 9, 1976
11(P.L.817, No.143), known as the Mental Health Procedures Act,
12amended November 26, 1978 (P.L.1362, No.324), are amended and
13the section is amended by adding a subsection to read:

14Section 402.  Incompetence to Proceed on Criminal Charges and
15Lack of Criminal Responsibility as Defense.--* * *

16(e)  Conduct of Examination; Report.--When ordered by the
17court, an incompetency examination shall take place under the
18following conditions:

19(1)  It shall be conducted as an outpatient examination

1unless an inpatient examination is, or has been, authorized
2under another provision of this act.

3(2)  It shall be conducted by at least one psychiatrist or 
4licensed psychologist and may relate both to competency to
5proceed and to criminal responsibility for the crime charged.

6(3)  The person shall be entitled to have counsel present
7with him and shall not be required to answer any questions or to
8perform tests unless he has moved for or agreed to the
9examination. Nothing said or done by such person during the
10examination may be used as evidence against him in any criminal
11proceedings on any issue other than that of his mental
12condition.

13(4)  A report shall be submitted to the court and to counsel
14and shall contain a description of the examination, which shall
15include:

16(i)  diagnosis of the person's mental condition;

17(ii)  an opinion as to his capacity to understand the nature
18and object of the criminal proceedings against him and to assist
19in his defense;

20(iii)  when so requested, an opinion as to his mental
21condition in relation to the standards for criminal
22responsibility as then provided by law if it appears that the
23facts concerning his mental condition may also be relevant to
24the question of legal responsibility; and

25(iv)  when so requested, an opinion as to whether he had the
26capacity to have a particular state of mind, where such state of
27mind is a required element of the criminal charge.

28(f)  Experts.--The court may allow a psychiatrist or licensed 
29psychologist retained by the defendant and a psychiatrist or 
30licensed psychologist retained by the Commonwealth to witness

1and participate in the examination. Whenever a defendant who is
2financially unable to retain such expert has a substantial
3objection to the conclusions reached by the court-appointed
4psychiatrist or licensed psychologist, the court shall allow
5reasonable compensation for the employment of a psychiatrist or 
6licensed psychologist of his selection, which amount shall be
7chargeable against the mental health and mental retardation
8program of the locality.

9* * *

10(h)  Definition.--As used in this section, the term "licensed
11psychologist" means an individual licensed under the act of
12March 23, 1972 (P.L.136, No.52), known as the "Professional
13Psychologists Practice Act."

14Section 2.  Section 404 of the act is amended to read:

15Section 404.  Hearing and Determination of Criminal
16Responsibility; Bifurcated Trial.--(a)  Criminal Responsibility
17Determination by Court.--At a hearing under section 403 of this
18act the court may, in its discretion, also hear evidence on
19whether the person was criminally responsible for the commission
20of the crime charged. It shall do so in accordance with the
21rules governing the consideration and determination of the same
22issue at criminal trial. If the person is found to have lacked
23criminal responsibility, an acquittal shall be entered. If the
24person is not so acquitted, he may raise the defense at such
25time as he may be tried.

26(b)  Opinion Evidence on Mental Condition.--At a hearing
27under section 403 or upon trial, a psychiatrist or licensed 
28psychologist appointed by the court may be called as a witness
29by the attorney for the Commonwealth or by the defendant and
30each party may also summon any other psychiatrist or licensed 

1psychologist or other expert to testify.

2(c)  Bifurcation of Issues or Trial.--Upon trial, the court,
3in the interest of justice, may direct that the issue of
4criminal responsibility be heard and determined separately from
5the other issues in the case and, in a trial by jury, that the
6issue of criminal responsibility be submitted to a separate
7jury. Upon a request for bifurcation, the court shall consider
8the substantiality of the defense of lack of responsibility and
9its effect upon other defenses, and the probability of a fair
10trial.

11(d)  Definition.--As used in this section, the term "licensed
12psychologist" means an individual licensed under the act of
13March 23, 1972 (P.L.136, No.52), known as the "Professional
14Psychologists Practice Act."

15Section 3.  The amendment of sections 402 and 404 of the act
16shall apply to actions initiated on or after the effective date
17of this section.

18Section 4.  This act shall take effect in 60 days.