Introduced
by
To establish that if a law does not indicate whether a “culpable mental state” (“mens rea”) is required to establish guilt, the presumption will be that this is required, meaning that prosecutors must show that the defendant violated the law “purposely, knowingly or recklessly.” This would not be the case if a law explicitly imposes a “strict liability” standard. Under current law, many complex “administrative” offenses authorize criminal penalties for actions that a regular person would not know are illegal. However, the bill would not apply to illegal drug laws or offenses listed in the state penal code, which cover actions that reasonable people already recognize as wrongful or know are illegal.
Referred to the Committee on Oversight and Ethics
Reported without amendment
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Substitute offered
by
To replace the previous version of the bill with one that revises details but does not change the substance as previously described.
The substitute passed by voice vote
Passed in the House 106 to 0 (details)
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Passed in the Senate 38 to 0 (details)
To establish that if a law does not indicate whether a “culpable mental state” (“mens rea”) is required to establish guilt, the presumption will be that this is required, meaning that prosecutors must show that the defendant violated the law “purposely, knowingly or recklessly.” This would not be the case if a law explicitly imposes a “strict liability” standard. Under current law, many complex “administrative” offenses authorize criminal penalties for actions that a regular person would not know are illegal. However, the bill would not apply to illegal drug laws or offenses listed in the state penal code, which cover actions that reasonable people already recognize as wrongful or know are illegal.
Passed in the House 106 to 0 (details)
To concur with the Senate-passed version of the bill.
