PRINTER'S NO. 1493

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1295 Session of 1991


        INTRODUCED BY LANGTRY, HAGARTY, JOSEPHS, FARMER, LAUGHLIN,
           HARPER, E. Z. TAYLOR, STEELMAN, WILSON, MARKOSEK, BUSH,
           FARGO, NOYE, McGEEHAN, HERMAN, COLAIZZO, PESCI, BATTISTO,
           CAWLEY, SCRIMENTI, ULIANA, JAMES, GODSHALL, CORRIGAN,
           RAYMOND, OLASZ, BUNT, TANGRETTI, RICHARDSON, MRKONIC, FOX,
           TRELLO, HANNA, VEON AND MICHLOVIC, MAY 6, 1991

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 6, 1991

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for use of force by battered
     3     persons.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 505.1.  Use of force by battered persons.
     9     (a)  Battered person syndrome.--The battered person syndrome
    10  is hereby recognized to be a matter of commonly accepted
    11  scientific knowledge and beyond the ordinary knowledge or
    12  experience of a person who is a member of the general populace.
    13     (b)  Battered person defense.--If a person is charged with an
    14  offense involving the use of force against another and the
    15  person, as a defense to the offense charged, raises the
    16  affirmative defense of use of force in self-protection, under


     1  section 505 (relating to use of force in self-protection), the
     2  person may introduce expert testimony of the battered person
     3  syndrome and expert testimony that the person suffered from that
     4  syndrome as evidence to establish the requisite belief of an
     5  imminent danger of death, serious bodily injury, kidnapping or
     6  sexual intercourse compelled by force or threat.
     7     Section 2.  This act shall take effect immediately.
















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