PRIOR PRINTER'S NO. 929 PRINTER'S NO. 1923
No. 826 Session of 1975
INTRODUCED BY MESSRS. ZORD, ECKENSBERGER, HILL, CESSAR AND
M. E. MILLER JR., MARCH 18, 1975
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 2, 1975
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for THE SATISFACTION <--
3 OF REQUIREMENT OF INTENT WHEN VOLUNTARY INTOXICATION OR
4 DRUGGED CONDITION EXISTS AND FOR the grading of offenses
5 relating to bad checks.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 4105 of Title 18, act of November 25, <--
9 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
10 Statutes, added December 6, 1972 (P.L.1482, No.334), is amended
11 to read:
12 SECTION 1. SECTION 302 OF TITLE 18, ACT OF NOVEMBER 25, 1970 <--
13 (P.L.707, NO.230), KNOWN AS THE PENNSYLVANIA CONSOLIDATED
14 STATUTES, ADDED DECEMBER 6, 1972 (P.L.1482, NO.334), IS AMENDED
15 BY ADDING A SUBSECTION TO READ:
16 § 302. GENERAL REQUIREMENTS OF CULPABILITY.
17 * * *
18 (I) SATISFACTION OF REQUIREMENT OF INTENT WHEN VOLUNTARY
19 INTOXICATION OR DRUGGED CONDITION EXISTS.--WHEN INTENT IS AN
1 ELEMENT OF AN OFFENSE, THE INTENT MAY BE INFERRED FROM THE
2 ACTOR'S CONDUCT AND THE SURROUNDING CIRCUMSTANCES OF THE OFFENSE
3 AND SHALL NOT BE NEGATED BY THE ADMISSION OF EVIDENCE THAT WOULD
4 ESTABLISH VOLUNTARY INTOXICATION OR DRUGGED CONDITION, EXCEPT IN
5 CASES INVOLVING MURDER, WHERE EVIDENCE OF VOLUNTARY INTOXICATION
6 OR DRUGGED CONDITION MAY BE ADMISSIBLE TO REDUCE THE CRIME FROM
7 ONE DEGREE TO A LOWER DEGREE.
8 SECTION 2. SECTIONS 308 AND 4105 OF THE ACT ARE AMENDED TO
9 READ:
10 § 308. INTOXICATION OR DRUGGED CONDITION.
11 INTOXICATION OR DRUGGED CONDITION ARE NOT, AS SUCH, DEFENSES
12 TO A CRIMINAL CHARGE; BUT IN ANY PROSECUTION FOR ANY OFFENSE,
13 EVIDENCE OF INTOXICATION OR DRUGGED CONDITION OF THE DEFENDANT
14 MAY BE OFFERED BY THE DEFENDANT WHENEVER IT IS RELEVANT TO
15 NEGATIVE AN ELEMENT OF THE OFFENSE, EXCEPT THAT EVIDENCE OF
16 VOLUNTARY INTOXICATION OR DRUGGED CONDITION SHALL NOT NEGATE THE
17 ELEMENT OF INTENT OF ANY OFFENSE OTHER THAN MURDER WHERE SUCH
18 EVIDENCE MAY BE ADMISSIBLE TO REDUCE THE DEGREE OF THE CRIME
19 FROM ONE DEGREE TO A LOWER DEGREE.
20 § 4105. Bad checks.
21 (a) Offense defined.--A person commits an offense if he
22 issues or passes a check or similar sight order for the payment
23 of money, knowing that it will not be honored by the drawee.
24 (b) Presumption.--For the purposes of this section as well
25 as in any prosecution for theft committed by means of a bad
26 check, an issuer is presumed to know that the check or order
27 (other than a post-dated check or order) would not be paid, if:
28 (1) the issuer had no account with the drawee at the
29 time the check or order was issued; or
30 (2) payment was refused by the drawee for lack of funds,
19750H0826B1923 - 2 -
1 upon presentation within 30 days after issue, and the issuer
2 failed to make good within ten days after receiving notice of
3 that refusal.
4 (c) Grading.--An offense under this section is a misdemeanor
5 of the second degree if the amount of the check or order exceeds
6 [$200] $1,000; otherwise it is a summary offense.
7 Section 2 3. This act shall take effect immediately. <--
C7L21JKD/19750H0826B1923 - 3 -