PRINTER'S NO. 336
No. 329 Session of 1999
INTRODUCED BY BOSCOLA AND COSTA, FEBRUARY 8, 1999
REFERRED TO JUDICIARY, FEBRUARY 8, 1999
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. Sections 314(c)(2) and (d) and 315 of Title 18 of 7 the Pennsylvania Consolidated Statutes are amended to read: 8 § 314. Guilty but mentally ill. 9 * * * 10 (c) Definitions.--For the purposes of this section and 42 11 Pa.C.S. § 9727 (relating to disposition of persons found guilty 12 but mentally ill): 13 (1) "Mentally ill." One who as a result of mental 14 disease or defect, lacks substantial capacity either to 15 appreciate the wrongfulness of his conduct or to conform his 16 conduct to the requirements of the law. 17 (2) "Legal insanity." At the time of the commission of 18 [the act, the defendant was laboring under such a defect of
1 reason, from disease of the mind, as not to know the nature 2 and quality of the act he was doing or, if he did know it, 3 that he did not know he was doing what was wrong. 4 (d) Common law M'Naghten's Rule preserved.--Nothing in this 5 section shall be deemed to repeal or otherwise abrogate the 6 common law defense of insanity (M'Naghten's Rule) in effect in 7 this Commonwealth on the effective date of this section.] the 8 offense, the actor was laboring under such a defect of reason 9 from disease of the mind as not to know the nature and quality 10 of the act he was doing. 11 § 315. Insanity. 12 (a) General rule.--The mental soundness of an actor [engaged 13 in conduct charged to constitute an offense shall only be a 14 defense to the charged offense when the actor proves by a 15 preponderance of evidence that the actor was legally insane at 16 the time of the commission of the offense.] shall not be a 17 defense to any charged offense. There shall be no verdict of not 18 guilty by reason of insanity. 19 [(b) Definition.--For purposes of this section, the phrase 20 "legally insane" means that, at the time of the commission of 21 the offense, the actor was laboring under such a defect of 22 reason, from disease of the mind, as not to know the nature and 23 quality of the act he was doing or, if the actor did know the 24 quality of the act, that he did not know that what he was doing 25 was wrong.] 26 (b) Admissibility of evidence.--Evidence of legal insanity 27 of the actor shall be admissible only for the purpose of proving 28 that such insanity rendered the actor incapable of forming the 29 requisite intent or state of mind which is an element of the 30 offense. 19990S0329B0336 - 2 -
1 (c) Definition.--As used in this section, the term "legal 2 insanity" means that, at the time of the commission of the 3 offense, the actor was laboring under such a defect of reason, 4 from disease of the mind as not to know the nature and quality 5 of the act he was doing. 6 Section 2. This act shall take effect in 60 days. L14L18JS/19990S0329B0336 - 3 -