H1851B2532A02861 SFR:CDM 09/20/19 #90 A02861
AMENDMENTS TO HOUSE BILL NO. 1851
Sponsor: REPRESENTATIVE KAUFFMAN
Printer's No. 2532
Amend Bill, page 1, line 4, by striking out "for sentences
for second and subsequent offenses." and inserting
providing for sentences for persons not to possess, use,
manufacture, control, sell or transfer firearms.
Amend Bill, page 3, lines 16 through 30; page 4, lines 1
through 30; by striking out all of said lines on said pages and
inserting
Section 2. Title 42 is amended by adding a section to read:
§ 9712.2. Sentences for persons not to possess, use,
manufacture, control, sell or transfer firearms.
(a) First conviction.--Any person who is convicted under 18
Pa.C.S. § 6105(a) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms) as a result of
a felony enumerated under 18 Pa.C.S. § 6105(b) or a felony under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any state
punishable by a term of imprisonment exceeding two years, shall
be sentenced to a minimum sentence of at least five years of
total confinement notwithstanding any other provision of this
title or other statute to the contrary.
(b) Second and subsequent convictions.--A second or
subsequent conviction under 18 Pa.C.S. § 6105(a) as a result of
a felony enumerated under 18 Pa.C.S. § 6105(b) or a felony under
The Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any state
punishable by a term of imprisonment exceeding two years, shall
constitute a "crime of violence" as that term is defined in
section 9714(g) (relating to sentences for second and subsequent
offenses) and the person shall be sentenced in accordance with
section 9714.
(c) Proof at sentencing.--Provisions of this section shall
not be an element of the crime and notice thereof to the
defendant shall not be required prior to conviction, but
reasonable notice of the Commonwealth's intention to proceed
2019/90SFR/HB1851A02861 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
under this section shall be provided after conviction and before
sentencing. The applicability of this section shall be
determined at sentencing. The sentencing court, prior to
imposing sentence on an offender under subsection (a), shall
have a complete record of the previous convictions of the
offender, copies of which shall be furnished to the offender. If
the offender or the attorney for the Commonwealth contests the
accuracy of the record, the court shall schedule a hearing and
direct the offender and the attorney for the Commonwealth to
submit evidence regarding the previous convictions of the
offender. The court shall then determine, by a preponderance of
the evidence, the previous convictions of the offender and, if
this section is applicable, shall impose sentence in accordance
with this section. Should a previous conviction be vacated and
an acquittal or final discharge entered subsequent to imposition
of sentence under this section, the offender shall have the
right to petition the sentencing court for reconsideration of
sentence if this section would not have been applicable except
for the conviction which was vacated.
(d) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
2019/90SFR/HB1851A02861 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26