Pennsylvania Statutes Title 50 P.S. Mental Health § 7404. Hearing and determination of criminal responsibility; bifurcated trial

(a) Criminal Responsibility Determination by Court.--At a hearing under section 403 of this act  1 the court may, in its discretion, also hear evidence on whether the person was criminally responsible for the commission of the crime charged. It shall do so in accordance with the rules governing the consideration and determination of the same issue at criminal trial. If the person is found to have lacked criminal responsibility, an acquittal shall be entered. If the person is not so acquitted, he may raise the defense at such time as he may be tried.

(b) Opinion Evidence on Mental Condition.--At a hearing under section 403 or upon trial, a psychiatrist or licensed psychologist appointed by the court may be called as a witness by the attorney for the Commonwealth or by the defendant and each party may also summon any other psychiatrist or licensed psychologist or other expert to testify.

(c) Bifurcation of Issues or Trial.--Upon trial, the court, in the interest of justice, may direct that the issue of criminal responsibility be heard and determined separately from the other issues in the case and, in a trial by jury, that the issue of criminal responsibility be submitted to a separate jury. Upon a request for bifurcation, the court shall consider the substantiality of the defense of lack of responsibility and its effect upon other defenses, and the probability of a fair trial.

(d) Definition.--As used in this section, the term “licensed psychologist” means an individual licensed under the act of March 23, 1972 (P.L. 136, No. 52),  2 known as the “Professional Psychologists Practice Act.”