PRIOR PRINTER'S NO. 879 PRINTER'S NO. 2917
No. 752 Session of 2003
INTRODUCED BY BARD, HICKERNELL, GEIST, STURLA, BARRAR, BROWNE,
BUNT, CORRIGAN, CRUZ, CURRY, EGOLF, GOODMAN, HARHAI, HERSHEY,
KIRKLAND, MELIO, RUBLEY, STABACK, E. Z. TAYLOR AND THOMAS,
MARCH 6, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 18, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentences for offenses committed with firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9712(a) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended AND THE SECTION IS AMENDED BY <--
8 ADDING A SUBSECTION to read:
9 § 9712. Sentences for offenses committed with firearms.
10 (a) Mandatory sentence.--
11 (1) Except as provided under section 9716 (relating to
12 two or more mandatory minimum sentences applicable), any
13 person who is convicted in any court of this Commonwealth of
14 a crime of violence as defined in section 9714(g) (relating
15 to sentences for second and subsequent offenses), shall, if
16 the person visibly possessed a firearm or a replica of a
17 firearm, whether or not the firearm or replica was loaded or
1 functional, that placed the victim in reasonable fear of
2 death or serious bodily injury, during the commission of the
3 offense, be sentenced to a minimum sentence of at least five
4 years of total confinement notwithstanding any other
5 provision of this title or other statute to the contrary.
6 Such persons shall not be eligible for parole, probation,
7 work release or furlough.
8 (2) Any person who is convicted of a violation of
9 section 13(a)(30) of the act of April 14, 1972 (P.L.233,
10 No.64), known as The Controlled Substance, Drug, Device and
11 Cosmetic Act, when at the time of the offense, the person or
12 the person's accomplice is in physical possession or control
13 of a firearm or replica firearm, whether visibly, WHETHER <--
14 VISIBLE, concealed about the person or the person's
15 accomplice or within the actor's or accomplice's reach, shall
16 likewise be sentenced to a minimum sentence of at least five
17 years of total confinement.
18 (A.1) LIMITATION ON AGGREGATE SENTENCES.--WHERE A DEFENDANT <--
19 IS SUBJECT TO A MANDATORY MINIMUM SENTENCE UNDER 18 PA.C.S. §
20 7508(A) (RELATING TO DRUG TRAFFICKING SENTENCING AND PENALTIES)
21 AND IS ALSO SUBJECT TO AN ADDITIONAL PENALTY UNDER SUBSECTION
22 (A), AND WHERE THE COURT ELECTS TO AGGREGATE THESE PENALTIES,
23 THE COMBINED MINIMUM SENTENCE MAY NOT EXCEED THE STATUTORY
24 MAXIMUM SENTENCE OF IMPRISONMENT ALLOWABLE UNDER THE CONTROLLED
25 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
26 * * *
27 Section 2. This act shall take effect in 60 days.
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