1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for motion for
3departure from mandatory sentence.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 42 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 9721.1. Motion for departure.

9(a) General rule.--In any criminal case, after conviction or
10plea of guilty or nolo contendere, the defendant may move the
11court to depart from any mandatory sentence called for by any
12statute if the defendant has been diagnosed with a recognized
13mental illness or if all of the following applicable conditions
14are met:

15(1) The defendant has no significant history of criminal
16convictions in this Commonwealth or any other state or
17territory or in the Federal system.

18(2) The defendant did not engage or conspire to engage

1in violence of any sort or possess a weapon of any type in
2connection with the offense.

3(3) The offense did not result in death or bodily injury
4to any person.

5(4) The defendant was not a manager, organizer, leader
6or supervisor of others in the offense.

7(5) The defendant, not later than the time of
8sentencing, has truthfully provided to the Commonwealth all
9information and evidence the defendant possesses concerning
10the offense or offenses that were part of the same course of
11conduct, or were part of a common plan, scheme or design, but
12the fact that the defendant has no relevant or useful
13information to provide or that the Commonwealth is already
14aware of the information or evidence shall not preclude a
15determination by the court that the defendant has complied
16with this requirement.

17(b) Right of appeal.--The Commonwealth shall have a right of
18appeal from any order entered pursuant to subsection (a).

19Section 2. This act shall take effect in 60 days.