PRIOR PRINTER'S NOS. 2498, 3696, 3802
PRINTER'S NO. 3807
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1827
Session of
2019
INTRODUCED BY KEEFER, RYAN, BERNSTINE, DeLUCA, GREINER, GABLER,
KNOWLES, RAPP, JONES, ECKER, DUSH, ZIMMERMAN, JAMES, HELM,
ROEBUCK, GROVE, KORTZ, MOUL, GLEIM AND GILLEN,
SEPTEMBER 18, 2019
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 20, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal homicide, further
providing for the offense of causing or aiding suicide.
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.
* * *
(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 suicide or was aided or solicited to commit suicide
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is under 18 years of age or has an intellectual disability .
(2) For purposes of this subsection, the term
"intellectual disability" shall mean, regardless of the age
of the person, 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.
(v) Use of community resources.
(vi) Self-direction.
(vii) Functional academic skills.
(viii) Work.
(ix) Health.
(x) Safety.
The term shall include an autism spectrum disorder,
regardless of the age of the person. 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
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AREAS:
(I) COMMUNICATION.
(II) SELF-CARE.
(III) HOME LIVING.
(IV) SOCIAL AND INTERPERSONAL SKILLS.
(V) USE OF COMMUNITY RESOURCES.
(VI) SELF-DIRECTION.
(VII) FUNCTIONAL ACADEMIC SKILLS.
(VIII) WORK.
(IX) HEALTH.
(X) SAFETY.
Section 2. This act shall take effect in 60 days.
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