Sec. 6. 15 MRSA §393, sub-§7, as repealed and replaced by PL 2001, c. 549, §4, is amended to read:

7. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.

B. "Not criminally responsible by reason of mental disease or defect" "Guilty but insane" has the same meaning as used in Title 17-A, section 39 and includes the former finding in this State of "not criminally responsible by reason of mental disease or defect" under Title 17-A, section 39 as well as the former finding under former provisions of section 103 of "not guilty by reason of mental disease or defect excluding responsibility" as well as any comparable finding under the laws of the United States or any other state.

C. "State" means the State of Maine and "state" means any other state of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico and the possessions of the United States.

D. "Use of a dangerous weapon" has the same meaning as in Title 17-A, section 2, subsection 9, paragraph A.

Sec. 7. 17-A MRSA §39, sub-§1, as amended by PL 1985, c. 796, §5, is further amended to read:

1. A defendant is not criminally responsible guilty but insane if, at the time of the criminal conduct, as a result of mental disease or defect, he the defendant lacked substantial capacity to appreciate the wrongfulness of his the defendant's conduct. The defendant shall have has the burden of proving, by a preponderance of the evidence, that he the defendant lacks criminal responsibility as described in this subsection.

Sec. 8. 17-A MRSA §40, sub-§4, as amended by PL 1985, c. 796, §6, is further amended to read:

4. If the jury in the first phase returns a guilty verdict, the trial shall must proceed to the 2nd phase. The defendant and