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By Mr. Naughton of Clinton, petition (accompanied by bill, House, No. 1615) of Harold P. Naughton, Jr., relative to a guilty but insane plea. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Mr. Naughton of Clinton, petition (accompanied by bill, House, No. 1615) of Harold P. Naughton, Jr., relative to a guilty but insane plea. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 123 of the General Laws is hereby
amended by inserting after section 17 the following section:—
Section 17A. (a) Notwithstanding the provision of any law to the contrary, a
person who timely offers a defense of not guilty by reason of mental illness or
metal defect in accordance with the provisions of this chapter and the rules of
criminal procedure may be found guilty but insane at trial if the trier of
facts finds, beyond a reasonable doubt that the person is guilty of the
offense, was insane at the time of the commission of the offense and did not
meet the legal requirements of mental illness or mental defect at the time of
the commission of the offense as set out in this chapter.
(b) A person who waives his right to trial may plead guilty but insane. No
pleas of guilty but insane may be accepted by the trial judge until the
defendant has undergone examination by a licensed psychologist or psychiatrist
and the trial judge has examined the psychological or psychiatric reports, held
a hearing on the sole issue of the defendant’s insanity at which either party
may present evidence and is satisfied that the defendant was insane at the time
of the offense to which the plea is entered. If the trial judge refuses to
accept a plea of guilty but insane, 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) For purposes of this section the term “insane” shall mean having a disorder
of thought or mood which significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of life;
provided, however, that “insane” shall not include a mental state manifested
only by repeated unlawful or antisocial conduct.
(d) In all cases in which the defense of mental illness or mental defect is
asserted, the trial judge shall charge the jury with regard to the special
verdict of guilty but insane.
(e) Whenever a defendant is found or pleads guilty but insane, the court shall
sentence him in the same manner as a defendant found guilty of the offense but
shall take into consideration the verdict in determining in which facility the
defendant will serve his sentence; provided, however, that in no event shall
the defendant be released until he has served his sentence.
SECTION 2. This act shall apply to all criminal proceedings commenced on or after the effective date of this act.