Page:United States Statutes at Large Volume 98 Part 2.djvu/897

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2057

"(b) For purposes of section 1518(d) of title 33, the term 'customs laws administered by the Secretary of the Treasury' shall mean this chapter and any other provisions of law classified to this title.". SEC. 323. The Tariff Act of 1930 is amended by adding a new section 600 to read as follows: "§ 600. Application of the customs laws to other seizures by customs officers "The procedures set forth in sections 602 through 619 of this Act (19 U.S.C. 1602 through 1619) shall apply to seizures of any property effected by customs officers under any law enforced or administered by the Customs Service unless such law specifies different procedures.". CHAPTER IV—OFFENDERS WITH MENTAL DISEASE OR DEFECT

SEC. 401. This chapter may be sited as the "Insanity Defense Reform Act of 1984." SEC. 402. (a) Chapter 1 of title 18, United States Code, is amended by adding at the end thereof the following new section: "§ 20. Insanity defense

19 USC 1600.

Insanity Defense Reform Act of 1984.

18 USC 4241 note. 18 USC 20.

"(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a

prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. "(b) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence.". (b) The sectional analysis of chapter 1 of title 18, United States Code, is amended to add the following new section 20: "20. Insanity Defense.".

SEC. 403. (a) Chapter 313 of title 18, United States Code, is amended to read as follows:

"CHAPTER 313—OFFENDERS WITH MENTAL DISEASE OR DEFECT "Sec. "4241. "4242. "4243. "4244. "4245.

Determination of mental competency to stand trial. Determination of the existence of insanity at the time of the offense. Hospitalization of a person found not guilty only by reason of insanity. Hospitalization of a convicted person suffering from mental disease or defect. Hospitalization of an imprisoned person suffering from mental disease or defect. "4246. Hospitalization of a person due for release but suffering from mental disease or defect. "4247. General provisions for chapter.

"§ 4241. Determination of mental competency to stand trial "(a) MOTION TO DETERMINE COMPETENCY OF DEFENDANT.—At any

time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall

31-194 - 0 - 86 - 29: QL. 3 Part 2

18 USC 4241.