THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, WAUGH, ORIE, RAFFERTY AND BROWNE, JANUARY 20, 2009

REFERRED TO JUDICIARY, JANUARY 20, 2009  

AN ACT

Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An

act relating to mental health procedures; providing for the

treatment and rights of mentally disabled persons, for

voluntary and involuntary examination and treatment and for

determinations affecting those charged with crime or under

sentence," further providing for incompetence to proceed on

criminal charges and lack of criminal responsibility as

defense.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 402(e) of the act of July 9, 1976 (P.L.

817, No.143), known as the Mental Health Procedures Act, is

amended to read:

Section 402.  Incompetence to Proceed on Criminal Charges and

Lack of Criminal Responsibility as Defense.--* * *

(e)  Conduct of Examination; Report.--When ordered by the

court, an incompetency examination shall take place under the

following conditions:

(1)  It shall be conducted as an outpatient examination

unless an inpatient examination is, or has been, authorized

under another provision of this act.

(2)  It shall be conducted by at least one psychiatrist and

may relate both to competency to proceed and to criminal

responsibility for the crime charged.

(3)  The person shall be entitled to have counsel present

with him and shall not be required to answer any questions [or

to perform tests unless he has moved for or agreed to the

examination] that may tend to incriminate the person. Nothing

said or done by such person during the examination may be used

as evidence against him in any criminal proceedings on any issue

other than that of his mental condition.

(4)  A report shall be submitted to the court and to counsel

and shall contain a description of the examination, which shall

include:

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

(ii)  an opinion as to his capacity to understand the nature

and object of the criminal proceedings against him and to assist

in his defense;

(iii)  when so requested, an opinion as to his mental

condition in relation to the standards for criminal

responsibility as then provided by law if it appears that the

facts concerning his mental condition may also be relevant to

the question of legal responsibility; and

(iv)  when so requested, an opinion as to whether he had the

capacity to have a particular state of mind, where such state of

mind is a required element of the criminal charge.

* * *

Section 2.  This act shall take effect in 60 days.