PRIOR PRINTER'S NO. 903 PRINTER'S NO. 1592
No. 830 Session of 1979
INTRODUCED BY MESSRS. MILLER, WHITE, O'DONNELL, SPENCER,
LASHINGER, ALDEN, CIMINI, FISHER, PICCOLA, BERSON, RHODES,
WILLIAMS, DONATUCCI, LEVIN, WACHOB, JONES, ZORD, SEVENTY,
NOYE, LETTERMAN, F. J. LYNCH, E. H. SMITH, WAGNER, VROON,
SALVATORE, McINTYRE AND GLADECK, MARCH 26, 1979
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 25, 1979
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for probation.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 1322 SUBSECTION (C) OF SECTION 1354 of <--
6 Title 18, act of November 25, 1970 (P.L.707, No.230), known as
7 the Pennsylvania Consolidated Statutes is amended to read:
8 § 1322. Order of probation. <--
9 (a) Grounds.--The following grounds, while not controlling
10 the discretion of the court, shall be accorded weight in favor
11 of an order of probation:
12 (1) The criminal conduct of the defendant neither caused
13 nor threatened serious harm.
14 (2) The defendant did not contemplate that his conduct
15 would cause or threaten serious harm.
16 (3) The defendant acted under a strong provocation.
1 (4) There were substantial grounds tending to excuse or
2 justify the criminal conduct of the defendant, though failing
3 to establish a defense.
4 (5) The victim of the criminal conduct of the defendant
5 induced or facilitated its commission.
6 (6) The defendant has compensated or will compensate the
7 victim of his criminal conduct for the damage or injury that
8 he sustained.
9 (7) The defendant has no history of prior delinquency or
10 criminal activity or has led a law-abiding life for a
11 substantial period of time before the commission of the
12 present crime.
13 (8) The criminal conduct of the defendant was the result
14 of circumstances unlikely to recur.
15 (9) The character and attitudes of the defendant
16 indicate that he is unlikely to commit another crime.
17 (10) The defendant is particularly likely to respond
18 affirmatively to probationary treatment.
19 (11) The confinement of the defendant would entail
20 excessive hardship to him or his dependents.
21 (12) Such other grounds as indicate the desirability of
22 probation.
23 (b) Community service.--If probation is the sentencing
24 alternative selected, the court may order a defendant convicted
25 of a criminal offense to participate in a public or nonprofit
26 community service program as part of the order of probation
27 unless the defendant was convicted of a crime of violence as
28 defined in section 6102 (relating to definitions).
29 § 1354. ORDER OF PROBATION. <--
30 * * *
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1 (C) SPECIFIC CONDITIONS.--THE COURT MAY AS A CONDITION OF
2 ITS ORDER REQUIRE THE DEFENDANT:
3 (1) TO MEET HIS FAMILY RESPONSIBILITIES.
4 (2) TO DEVOTE HIMSELF TO A SPECIFIC OCCUPATION OR
5 EMPLOYMENT.
6 (2.1) TO PARTICIPATE IN A PUBLIC OR NONPROFIT COMMUNITY
7 SERVICE PROGRAM UNLESS THE DEFENDANT WAS CONVICTED OF MURDER,
8 RAPE, AGGRAVATED ASSAULT, ROBBERY OR KIDNAPPING.
9 (3) TO UNDERGO AVAILABLE MEDICAL OR PSYCHIATRIC
10 TREATMENT AND TO ENTER AND REMAIN IN A SPECIFIED INSTITUTION,
11 WHEN REQUIRED FOR THAT PURPOSE.
12 (4) TO PURSUE A PRESCRIBED SECULAR COURSE OF STUDY OR
13 VOCATIONAL TRAINING.
14 (5) TO ATTEND OR RESIDE IN A FACILITY ESTABLISHED FOR
15 THE INSTRUCTION, RECREATION, OR RESIDENCE OF PERSONS ON
16 PROBATION.
17 (6) TO REFRAIN FROM FREQUENTING UNLAWFUL OR DISREPUTABLE
18 PLACES OR CONSORTING WITH DISREPUTABLE PERSONS.
19 (7) TO HAVE IN HIS POSSESSION NO FIREARM OR OTHER
20 DANGEROUS WEAPON UNLESS GRANTED WRITTEN PERMISSION.
21 (8) TO MAKE RESTITUTION OF THE FRUITS OF HIS CRIME OR TO
22 MAKE REPARATIONS, IN AN AMOUNT HE CAN AFFORD TO PAY, FOR THE
23 LOSS OR DAMAGE CAUSED THEREBY.
24 (9) TO REMAIN WITHIN THE JURISDICTION OF THE COURT AND
25 TO NOTIFY THE COURT OR THE PROBATION OFFICER OF ANY CHANGE IN
26 HIS ADDRESS OR HIS EMPLOYMENT.
27 (10) TO REPORT AS DIRECTED TO THE COURT OR THE PROBATION
28 OFFICER AND TO PERMIT THE PROBATION OFFICER TO VISIT HIS
29 HOME.
30 (11) TO PAY SUCH FINE AS HAS BEEN IMPOSED.
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1 (12) TO PARTICIPATE IN DRUG OR ALCOHOL TREATMENT
2 PROGRAMS.
3 (13) TO SATISFY ANY OTHER CONDITIONS REASONABLY RELATED
4 TO THE REHABILITATION OF THE DEFENDANT AND NOT UNDULY
5 RESTRICTIVE OF HIS LIBERTY OR INCOMPATIBLE WITH HIS FREEDOM
6 OF CONSCIENCE.
7 * * *
8 Section 2. This act shall take effect in 60 days.
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