PRINTER'S NO. 451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BOSCOLA, SOLOBAY, WOZNIAK AND ALLOWAY, FEBRUARY 13, 2013
REFERRED TO JUDICIARY, FEBRUARY 13, 2013
8§ 314. Guilty but mentally ill.
9* * *
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.
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
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
2Section 2. This act shall take effect in 60 days.