2. If a 2-stage trial is elected by the defendant, there shall must be a separation of the issue of guilt from the issue of insanity in the following manner.

A. The issue of guilt shall must be tried first and the issue of insanity tried only if the jury returns a verdict of guilty. If the jury returns a verdict of not guilty, the proceedings shall must terminate.

B. Evidence of mental disease or defect, as defined in section 39, subsection 2, shall is not be admissible in the guilt or innocence phase of the trial for the purpose of establishing insanity. Such evidence shall must be admissible for that purpose only in the 2nd phase following a verdict of guilty.

3. The issue of insanity shall must be tried before the same jury as tried the issue of guilt. Alternate jurors who were present during the first phase of the trial but who did not participate in the deliberations and verdict thereof may be substituted for jurors who did participate. The defendant may elect to have the issue of insanity tried by the court without a jury.

4. If the jury in the first phase returns a guilty verdict, the trial shall must proceed to the 2nd phase. The defendant and the State may rely upon evidence admitted during the first phase or they may recall witnesses. Any evidence relevant to insanity is admissible. The order of proof shall must reflect that the defendant has the burden of establishing his the defendant's lack of criminal responsibility by reason of insanity. The jury shall return a verdict that the defendant is criminally responsible or not criminally responsible by reason of mental disease or defect insanity. If the defendant is found criminally responsible, the court shall sentence him the defendant according to law.

5. This section does not apply to cases tried before the court without a jury.

SUMMARY

This bill replaces disparate references to the affirmative defense of insanity in the Maine Revised Statutes, Title 15, section 103 and in Title 17-A, sections 39 and 40 with the more