| PRINTER'S NO. 451 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 488 | Session of 2013 |
INTRODUCED BY BOSCOLA, SOLOBAY, WOZNIAK AND ALLOWAY, FEBRUARY 13, 2013
REFERRED TO JUDICIARY, FEBRUARY 13, 2013
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.