A01538
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
184
Session of
2021
INTRODUCED BY KEEFER, RYAN, ECKER, METCALFE, SCHLOSSBERG,
TOPPER, RAPP, ZIMMERMAN, BROOKS, GLEIM, WARNER, HERSHEY,
SCHLEGEL CULVER, MOUL, TOOHIL, GILLEN AND E. NELSON,
JANUARY 21, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 17, 2021
AN ACT
Amending Title Titles 18 (Crimes and Offenses) and 42 (Judiciary
and Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in criminal homicide, further providing for the
offense of causing or aiding suicide; and, in depositions and
witnesses, further providing for definitions.
This act may be referred to as Shawn's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2505 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 2505. Causing or aiding suicide.
* * *
SECTION 1. SECTION 2505 OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 2505. CAUSING OR AIDING SUICIDE.
(A) CAUSING SUICIDE AS CRIMINAL HOMICIDE.--A PERSON MAY BE
CONVICTED OF CRIMINAL HOMICIDE FOR CAUSING ANOTHER TO [COMMIT]
DIE BY SUICIDE ONLY IF HE INTENTIONALLY CAUSES SUCH SUICIDE BY
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FORCE, DURESS OR DECEPTION.
(B) AIDING OR SOLICITING SUICIDE AS AN INDEPENDENT
OFFENSE.--A PERSON WHO INTENTIONALLY AIDS OR SOLICITS ANOTHER TO
[COMMIT] DIE BY SUICIDE IS GUILTY OF A FELONY OF THE SECOND
DEGREE IF HIS CONDUCT CAUSES SUCH SUICIDE OR AN ATTEMPTED
SUICIDE, AND OTHERWISE OF A MISDEMEANOR OF THE SECOND DEGREE.
(c) Sentencing.--
(1) The Pennsylvania Commission on Sentencing, in
accordance with 42 Pa.C.S. § 2154 (relating to adoption of
guidelines for sentencing), shall provide for a sentence
enhancement within its guidelines for an offense under this
section when at the time of the offense the person who
committed DIED BY suicide or was aided or solicited to commit
DIE BY suicide is under 18 years of age or has an
intellectual disability or autism spectrum disorder.
(2) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Autism spectrum disorder." As defined under 42 Pa.C.S.
§ 5992 (relating to definitions), regardless of the age of
the individual.
"Intellectual disability." Regardless of the age of the
individual, significantly subaverage general intellectual
functioning that is accompanied by significant limitations in
adaptive functioning in at least two of the following skill
areas:
(i) Communication.
(ii) Self-care.
(iii) Home living.
(iv) Social and interpersonal skills.
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(v) Use of community resources.
(vi) Self-direction.
(vii) Functional academic skills.
(viii) Work.
(ix) Health.
(x) Safety.
Section 2. The definition of "autism spectrum disorder" in
section 5992 of Title 42 is amended to read:
§ 5992. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Autism spectrum disorder." Any of the pervasive
developmental disorders defined by [the most recent edition of]
the Diagnostic and Statistical Manual of Mental Disorders
[(DSM), or its successor], Fifth Edition (DSM-5), including
autistic disorder, Asperger's disorder and pervasive
developmental disorder not otherwise specified.
* * *
Section 2 3. This act shall take effect in 60 days.
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