PRINTER'S NO. 1225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
864
Session of
2019
INTRODUCED BY HUGHES, SEPTEMBER 30, 2019
REFERRED TO JUDICIARY, SEPTEMBER 30, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for when prosecution barred by former prosecution
for different offense.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 110(1) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 110. When prosecution barred by former prosecution for
different offense.
Although a prosecution is for a violation of a different
provision of the statutes than a former prosecution or is based
on different facts, it is barred by such former prosecution
under the following circumstances:
(1) The former prosecution resulted in an acquittal or
in a conviction as defined in section 109 of this title
(relating to when prosecution barred by former prosecution
for the same offense) and the subsequent prosecution is for:
(i) any offense of which the defendant could have
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been convicted on the first prosecution;
(ii) any offense based on the same conduct or
arising from the same criminal episode, if such offense
was known to the appropriate prosecuting officer at the
time of the commencement of the first trial and occurred
within the same judicial district as the former
prosecution unless the court ordered a separate trial of
the charge of such offense or the offense of which the
defendant was formerly convicted or acquitted was a
summary traffic offense; or
(iii) the same conduct, unless:
(A) the offense of which the defendant was
formerly convicted or acquitted and the offense for
which he is subsequently prosecuted each requires
proof of a fact not required by the other and the law
defining each of such offenses is intended to prevent
a substantially different harm or evil; or
(B) the second offense was not consummated when
the former trial began.
* * *
Section 2. This act shall take effect in 60 days.
20190SB0864PN1225 - 2 -
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