314 - Guilty but mentally ill.

     § 314.  Guilty but mentally ill.        (a)  General rule.--A person who timely offers a defense of     insanity in accordance with the Rules of Criminal Procedure may     be found "guilty but mentally ill" at trial if the trier of     facts finds, beyond a reasonable doubt, that the person is     guilty of an offense, was mentally ill at the time of the     commission of the offense and was not legally insane at the time     of the commission of the offense.        (b)  Plea of guilty but mentally ill.--A person who waives     his right to trial may plead guilty but mentally ill. No plea of     guilty but mentally ill may be accepted by the trial judge until     he has examined all reports prepared pursuant to the Rules of     Criminal Procedure, has held a hearing on the sole issue of the     defendant's mental illness at which either party may present     evidence and is satisfied that the defendant was mentally ill at     the time of the offense to which the plea is entered. If the     trial judge refuses to accept a plea of guilty but mentally ill,     the defendant shall be permitted to withdraw his plea. A     defendant whose plea is not accepted by the court shall be     entitled to a jury trial, except that if a defendant     subsequently waives his right to a jury trial, the judge who     presided at the hearing on mental illness shall not preside at     the trial.        (c)  Definitions.--For the purposes of this section and 42     Pa.C.S. § 9727 (relating to disposition of persons found guilty     but mentally ill):            (1)  "Mentally ill."  One who as a result of mental        disease or defect, lacks substantial capacity either to        appreciate the wrongfulness of his conduct or to conform his        conduct to the requirements of the law.            (2)  "Legal insanity."  At the time of the commission of        the act, the defendant was laboring under such a defect of        reason, from disease of the mind, as not to know the nature        and quality of the act he was doing or, if he did know it,        that he did not know he was doing what was wrong.        (d)  Common law M'Naghten's Rule preserved.--Nothing in this     section shall be deemed to repeal or otherwise abrogate the     common law defense of insanity (M'Naghten's Rule) in effect in     this Commonwealth on the effective date of this section.     (Dec. 15, 1982, P.L.1262, No.286, eff. 90 days)        1982 Amendment.  Act 286 added section 314. Section 4 of Act     286 provided that Act 286 shall apply to all indictments or     informations filed on or after the effective date of Act 286.        Cross References.  Section 314 is referred to in section 9727     of Title 42 (Judiciary and Judicial Procedure).