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PRINTER'S NO. 1923
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1504
Session of
2017
INTRODUCED BY V. BROWN, D. COSTA, FRANKEL, ROZZI, SIMS, THOMAS
AND VAZQUEZ, JUNE 6, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 6, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for motion for departure from mandatory sentence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 9721.1. Motion for departure.
(a) General rule.--In any criminal case, after conviction or
plea of guilty or nolo contendere, the defendant may move the
court to depart from any mandatory sentence called for by any
statute if the defendant has been diagnosed with a recognized
mental illness or if all of the following applicable conditions
are met:
(1) The defendant has no significant history of criminal
convictions in this Commonwealth or any other state or
territory or in the Federal system.
(2) The defendant did not engage or conspire to engage
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in violence of any sort or possess a weapon of any type in
connection with the offense.
(3) The offense did not result in death or bodily injury
to any person.
(4) The defendant was not a manager, organizer, leader
or supervisor of others in the offense.
(5) The defendant, not later than the time of
sentencing, has truthfully provided to the Commonwealth all
information and evidence the defendant possesses concerning
the offense or offenses that were part of the same course of
conduct, or were part of a common plan, scheme or design, but
the fact that the defendant has no relevant or useful
information to provide or that the Commonwealth is already
aware of the information or evidence shall not preclude a
determination by the court that the defendant has complied
with this requirement.
(b) Right of appeal.--The Commonwealth shall have a right of
appeal from any order entered under subsection (a).
Section 2. This act shall take effect in 60 days.
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