PRINTER'S NO. 2005
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1689
Session of
2023
INTRODUCED BY KHAN, DAWKINS, KRAJEWSKI, HANBIDGE, SANCHEZ,
KINSEY, KAZEEM, HILL-EVANS, SCHLOSSBERG, SAPPEY, MADDEN,
SHUSTERMAN, STEELE, HOHENSTEIN, PARKER, SMITH-WADE-EL,
N. NELSON, WAXMAN, WARREN AND SCOTT, SEPTEMBER 21, 2023
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 21, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in culpability, further providing for general
requirements of culpability; and, in sentencing, further
providing for sentencing generally.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 302(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 302. General requirements of culpability.
* * *
(b) Kinds of culpability defined.--
(1) [A] Subject to paragraph (1.1), a person acts
intentionally with respect to a material element of an
offense when:
(i) if the element involves the nature of [his] the
person's conduct or a result thereof, it is [his] the
person's conscious object to engage in conduct of that
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nature or to cause such a result; and
(ii) if the element involves the attendant
circumstances, [he] the person is aware of the existence
of such circumstances or [he] the person believes or
hopes that they exist.
(1.1) In determining whether a person who was under 25
years of age at the time of the offense acted intentionally
with respect to a material element of an offense, the court
shall consider the person's mental capacity and maturity and
the impact that the ongoing development of the person's brain
may have had on the person's decision to act.
(2) [A] Subject to paragraph (2.1), a person acts
knowingly with respect to a material element of an offense
when:
(i) if the element involves the nature of [his] the
person's conduct or the attendant circumstances, [he] the
person is aware that [his] the person's conduct is of
that nature or that such circumstances exist; and
(ii) if the element involves a result of [his] the
person's conduct, [he] the person is aware that it is
practically certain that [his] the person's conduct will
cause such a result.
(2.1) In determining whether a person who was under 25
years of age at the time of the offense acted knowingly with
respect to a material element of an offense, the court shall
consider the person's mental capacity and maturity and the
impact that the ongoing development of the person's brain may
have had on the person's decision to act.
(3) A person acts recklessly with respect to a material
element of an offense when [he] the person consciously
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disregards a substantial and unjustifiable risk that the
material element exists or will result from [his conduct.]
the person's conduct. The following apply:
(i) The risk must be of such a nature and degree
that, considering the nature and intent of the actor's
conduct and the circumstances known to [him] the actor,
its disregard involves a gross deviation from the
standard of conduct that a reasonable person would
observe in the actor's situation.
(ii) In determining whether a person who was under
25 years of age at the time of the offense acted
recklessly with respect to a material element of an
offense, the court shall consider the person's mental
capacity and maturity and the impact that the ongoing
development of the person's brain may have had on the
person's decision to disregard a substantial and
unjustifiable risk.
(4) A person acts negligently with respect to a material
element of an offense when [he] the person should be aware of
a substantial and unjustifiable risk that the material
element exists or will result from [his conduct.] the
person's conduct. The following apply:
(i) The risk must be of such a nature and degree
that the actor's failure to perceive it, considering the
nature and intent of [his] the actor's conduct and the
circumstances known to [him] the actor, involves a gross
deviation from the standard of care that a reasonable
person would observe in the actor's situation.
(ii) In determining whether a person who was under
25 years of age at the time of the offense acted
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negligently with respect to a material element of an
offense, the court shall consider the person's mental
capacity and maturity and the impact that the ongoing
development of the person's brain may have had on the
person not being aware of a substantial and unjustifiable
risk.
* * *
Section 2. Section 9721 of Title 42 is amended by adding a
subsection to read:
ยง 9721. Sentencing generally.
* * *
(b.1) Persons under 25 years of age.--In sentencing a person
who was under 25 years of age at the time of the commission of
an offense, the court shall consider the person's mental
capacity and maturity and the impact that the ongoing
development of the person's brain may have had on the person's
commission of the offense.
* * *
Section 3. This act shall take effect in 60 days.
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