Pennsylvania Act 2022-85 — CRIMES CODE (18 PA.C.S.) - WHEN PROSECUTION BARRED BY FORMER PROSECUTION FOR DIFFERENT OFFENSE

Act text

Session of 2022

No. 2022-85

SB 588

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:

§ 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 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 offense or 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.

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Section 2. This act shall take effect immediately.

APPROVED--The 11th day of July, A.D. 2022.

TOM WOLF