PRINTER'S NO. 4804
No. 3033 Session of 2006
INTRODUCED BY BARRAR, BAKER, BALDWIN, BEBKO-JONES, BOYD,
CALTAGIRONE, CAPPELLI, CAWLEY, CORRIGAN, DeLUCA, FAIRCHILD,
GEIST, GINGRICH, GOOD, GOODMAN, HICKERNELL, KILLION, MANN,
McILHATTAN, R. MILLER, NAILOR, O'NEILL, PISTELLA, PYLE,
READSHAW, RUBLEY, SCAVELLO, E. Z. TAYLOR, TIGUE, TRUE AND
WRIGHT, OCTOBER 17, 2006
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2006
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of sexual
3 crimes against mentally disabled youth.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 31 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter to read:
8 SUBCHAPTER C
9 ADDITIONAL OFFENSES
10 Sec.
11 3151. Sexual crimes against mentally disabled youth.
12 § 3151. Sexual crimes against mentally disabled youth.
13 (a) Offense defined.--A person commits the offense of sexual
14 crimes against mentally disabled youth if the person commits an
15 offense under Subchapter B (relating to definition of offenses)
16 against a complainant:
1 (1) who is under 21 years of age; and
2 (2) who suffers from a mental disability that renders
3 the complainant incapable of consent.
4 (b) Grading.--Except as provided in subsection (c), a
5 violation of subsection (a) shall be classified one degree
6 higher than the classification of the most serious underlying
7 sexual offense specified in section 106 (relating to classes of
8 offenses).
9 (c) Mandatory minimum sentence for felony of the first
10 degree.--A person who commits an offense under subsection (a)
11 that is predicated upon commission of another offense under
12 Subchapter B that is classified as a felony of the first degree
13 shall, upon conviction, be sentenced to a mandatory minimum term
14 of imprisonment of five years, or if another provision of
15 Commonwealth law provides a mandatory minimum sentence, not less
16 than that other mandatory minimum sentence plus two years,
17 whichever is greater.
18 (d) Authority of court in sentencing.--There shall be no
19 authority in any court to impose on an offender, to which
20 provisions of this section relating to sentences for a felony of
21 the first degree under subsection (c) are applicable, any lesser
22 sentence than provided for in subsection (c) or to place the
23 offender on probation or to suspend sentence. Nothing in this
24 section shall prevent the sentencing court from imposing a
25 sentence greater than that provided in this section. Sentencing
26 guidelines promulgated by the Pennsylvania Commission on
27 Sentencing shall not supersede the mandatory sentences provided
28 in this section.
29 (e) Appeal by Commonwealth.--If a sentencing court refuses
30 to apply subsection (c) where applicable, the Commonwealth shall
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1 have the right to appellate review of the action of the
2 sentencing court. The appellate court shall vacate the sentence
3 and remand the case to the sentencing court for imposition of a
4 sentence in accordance with subsection (c) if it finds that the
5 sentence was imposed in violation of subsection (c).
6 Section 2. This act shall take effect in 60 days.
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