AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for the defense of
3insanity.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Sections 314(c) and (d) and 315 of Title 18 of
7the 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 
11Pa.C.S. § 9727 (relating to disposition of persons found guilty 
12but mentally ill):

13(1) "Mentally ill." One who as a result of mental 
14disease or defect, lacks substantial capacity either to 
15appreciate the wrongfulness of his conduct or to conform his 
16conduct 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 

1reason, from disease of the mind, as not to know the nature 
2and quality of the act he was doing or, if he did know it, 
3that he did not know he was doing what was wrong.

4(d) Common law M'Naghten's Rule preserved.--Nothing in this
5section shall be deemed to repeal or otherwise abrogate the
6common law defense of insanity (M'Naghten's Rule) in effect in
7this Commonwealth on the effective date of this section.] the 
8offense, the actor was laboring under such a defect of reason 
9from disease of the mind as not to know the nature and quality 
10of the act he was doing.

11§ 315. Insanity.

12(a) General rule.--The mental soundness of an actor [engaged
13in conduct charged to constitute an offense shall only be a
14defense to the charged offense when the actor proves by a
15preponderance of evidence that the actor was legally insane at
16the time of the commission of the offense.] shall not be a 
17defense to a charged offense. There shall be no verdict of not 
18guilty by reason of insanity.

19(a.1) Admissibility of evidence.--Evidence of legal insanity
20of the actor shall be admissible only for the purpose of proving
21that the insanity rendered the actor incapable of forming the
22requisite intent or state of mind that is an element of the
23offense.

24(b) Definition.--[For purposes of this section, the phrase 
25"legally insane"] As used in this section, the term "legal 
26insanity" means that, at the time of the commission of the 
27offense, the actor was laboring under such a defect of reason[,] 
28from disease of the mind[,] as not to know the nature and 
29quality of the act he was doing [or, if the actor did know the 
30quality of the act, that he did not know that what he was doing 

1was wrong].

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