SENATE AMENDED
PRIOR PRINTER'S NOS. 929, 1923 PRINTER'S NO. 2051
No. 826 Session of 1975
INTRODUCED BY MESSRS. ZORD, ECKENSBERGER, HILL, CESSAR,
FISHER AND M. E. MILLER JR., MARCH 18, 1975
SENATOR HILL, JUDICIARY, IN SENATE, AS AMENDED, JULY 21, 1921
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 302 308 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 by adding a subsection to read: <--
12 § 302. General requirements of culpability. <--
13 * * *
14 (i) Satisfaction of requirement of intent when voluntary
15 intoxication or drugged condition exists.--When intent is an
16 element of an offense, the intent may be inferred from the
17 actor's conduct and the surrounding circumstances of the offense
18 and shall not be negated by the admission of evidence that would
19 establish voluntary intoxication or drugged condition, except in
1 cases involving murder, where evidence of voluntary intoxication
2 or drugged condition may be admissible to reduce the crime from
3 one degree to a lower degree.
4 Section 2. Sections 308 and 4105 of the act are amended to
5 read:
6 § 308. Intoxication or drugged condition.
7 Intoxication or drugged condition are not, as such, defenses
8 to a criminal charge; but in any prosecution for any offense,
9 evidence of intoxication or drugged condition of the defendant
10 may be offered by the defendant whenever it is relevant to
11 negative an element of the offense, except that evidence of
12 voluntary intoxication or drugged condition shall not negate the
13 element of intent of any offense other than murder where such
14 evidence may be admissible to reduce the degree of the crime
15 from one degree to a lower degree.
16 § 4105. Bad checks.
17 (a) Offense defined.--A person commits an offense if he
18 issues or passes a check or similar sight order for the payment
19 of money, knowing that it will not be honored by the drawee.
20 (b) Presumption.--For the purposes of this section as well
21 as in any prosecution for theft committed by means of a bad
22 check, an issuer is presumed to know that the check or order
23 (other than a post-dated check or order) would not be paid, if:
24 (1) the issuer had no account with the drawee at the
25 time the check or order was issued; or
26 (2) payment was refused by the drawee for lack of funds,
27 upon presentation within 30 days after issue, and the issuer
28 failed to make good within ten days after receiving notice of
29 that refusal.
30 (c) Grading.--An offense under this section is a misdemeanor
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1 of the second degree if the amount of the check or order exceeds
2 [$200] $1,000; otherwise it is a summary offense.
3 § 308. INTOXICATION OR DRUGGED CONDITION. <--
4 [INTOXICATION OR DRUGGED CONDITION ARE NOT, AS SUCH, DEFENSES
5 TO A CRIMINAL CHARGE; BUT IN ANY PROSECUTION FOR ANY OFFENSE,
6 EVIDENCE OF INTOXIATION OR DRUGGED CONDITION OF THE DEFENDANT
7 MAY BE OFFERED BY THE DEFENDANT WHENEVER IT IS RELEVANT TO
8 NEGATIVE AN ELEMENT OF THE OFFENSE.] NEITHER VOLUNTARY
9 INTOXICATION NOR VOLUNTARY DRUGGED CONDITION IS A DEFENSE TO A
10 CRIMINAL CHARGE, NOR MAY EVIDENCE OF SUCH CONDITIONS BE
11 INTRODUCED TO NEGATIVE THE ELEMENT OF INTENT OF THE OFFENSE,
12 EXCEPT THAT EVIDENCE OF SUCH INTOXICATION OR DRUGGED CONDITION
13 OF THE DEFENDANT MAY BE OFFERED BY THE DEFENDANT WHENEVER IT IS
14 RELEVANT TO REDUCE FIRST DEGREE MURDER TO A LOWER GRADE.
15 Section 3 2. This act shall take effect immediately. <--
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