See other bills
under the
same topic
                                                       PRINTER'S NO. 155

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 115 Session of 2007


        INTRODUCED BY PICCOLA, RAFFERTY, BRUBAKER, PUNT, RHOADES AND
           BROWNE, MARCH 5, 2007

        REFERRED TO JUDICIARY, MARCH 5, 2007

                                     AN ACT

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

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 402(e) of the act of July 9, 1976
    12  (P.L.817, No.143), known as the Mental Health Procedures Act, is
    13  amended to read:
    14     Section 402.  Incompetence to Proceed on Criminal Charges and
    15  Lack of Criminal Responsibility as Defense.--* * *
    16     (e)  Conduct of Examination; Report.--When ordered by the
    17  court, an incompetency examination shall take place under the
    18  following conditions:
    19     (1)  It shall be conducted as an outpatient examination
    20  unless an inpatient examination is, or has been, authorized


     1  under another provision of this act.
     2     (2)  It shall be conducted by at least one psychiatrist and
     3  may relate both to competency to proceed and to criminal
     4  responsibility for the crime charged.
     5     (3)  The person shall be entitled to have counsel present
     6  with him and shall not be required to answer any questions [or
     7  to perform tests unless he has moved for or agreed to the
     8  examination] that may tend to incriminate the person. Nothing
     9  said or done by such person during the examination may be used
    10  as evidence against him in any criminal proceedings on any issue
    11  other than that of his mental condition.
    12     (4)  A report shall be submitted to the court and to counsel
    13  and shall contain a description of the examination, which shall
    14  include:
    15     (i)  diagnosis of the person's mental condition;
    16     (ii)  an opinion as to his capacity to understand the nature
    17  and object of the criminal proceedings against him and to assist
    18  in his defense;
    19     (iii)  when so requested, an opinion as to his mental
    20  condition in relation to the standards for criminal
    21  responsibility as then provided by law if it appears that the
    22  facts concerning his mental condition may also be relevant to
    23  the question of legal responsibility; and
    24     (iv)  when so requested, an opinion as to whether he had the
    25  capacity to have a particular state of mind, where such state of
    26  mind is a required element of the criminal charge.
    27     * * *
    28     Section 2.  This act shall take effect in 60 days.


    L18L50MSP/20070S0115B0155        - 2 -