THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY J. TAYLOR, ARGALL, BAKER, BARRAR, BEYER, BRENNAN, CAUSER, CIVERA, CLYMER, D. COSTA, CRUZ, CUTLER, GEIST, GILLESPIE, GINGRICH, GODSHALL, GRELL, HARRIS, KAUFFMAN, W. KELLER, KILLION, MAJOR, MARSHALL, MELIO, MILLARD, MILNE, MURT, MUSTIO, M. O'BRIEN, PAYNE, PEIFER, PETRI, PICKETT, QUIGLEY, QUINN, READSHAW, REICHLEY, SABATINA, SCAVELLO, SIPTROTH, K. SMITH, STERN, SWANGER, VULAKOVICH, WALKO, WATSON AND YOUNGBLOOD, MARCH 5, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

sentences for offenses against elderly persons and for

sentencing generally.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 9717(b) and 9721(a.1) of Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 9717.  Sentences for offenses against elderly persons.

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(b)  Eligibility for parole.--Parole shall not be granted

until the minimum term of imprisonment has been served[.],

except that no offender convicted of rape, aggravated assault or

any crime committed with a firearm shall be eligible for parole.

§ 9721.  Sentencing generally.

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(a.1)  Exception.--

(1)  Unless specifically authorized under section 9763

(relating to a sentence of county intermediate punishment) or

Chapter 99 (relating to State intermediate punishment),

subsection (a) shall not apply where a mandatory minimum

sentence is otherwise provided by law.

(2)  An eligible offender may be sentenced to State

intermediate punishment pursuant to subsection (a)(7) and as

described in Chapter 99, even if a mandatory minimum sentence

would otherwise be provided by law.

(3)  A court shall have no authority to impose any

sentence other than total confinement for offenders convicted

of rape, robbery, criminal homicide, aggravated assault or

any crime committed with a firearm.

(4)  The court shall have no authority to impose

concurrent sentences for offenders convicted of rape,

robbery, criminal homicide, aggravated assault or any crime

committed with a firearm.

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Section 2.  This act shall take effect in 60 days.