PRINTER'S NO. 4873
No. 3064 Session of 2006
INTRODUCED BY GODSHALL, OCTOBER 23, 2006
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 2006
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 to read:
8 § 9712. Sentences for offenses committed with firearms.
9 (a) Mandatory sentence.--Except as provided under section
10 9716 (relating to two or more mandatory minimum sentences
11 applicable), any person who is convicted in any court of this
12 Commonwealth of a crime of violence as defined in section
13 9714(g) (relating to sentences for second and subsequent
14 offenses)[,] shall[, if] be sentenced, notwithstanding any other
15 provision of this title or other statute to the contrary, to:
16 (1) a minimum sentence of at least five years of total
17 confinement if the person visibly possessed a firearm or a
18 replica of a firearm, whether or not the firearm or replica
1 was loaded or functional, that placed the victim in
2 reasonable fear of death or serious bodily injury, during the
3 commission of the offense; or [, be sentenced to a minimum
4 sentence of at least five years of total confinement
5 notwithstanding any other provision of this title or other
6 statute to the contrary.]
7 (2) to a minimum sentence of at least seven years of
8 total confinement if the person:
9 (i) discharged a firearm during the commission of
10 the offense; or
11 (ii) during the commission of the offense visibly
12 possessed a firearm that the person knew or had reason to
13 know was stolen or had been sold, delivered or
14 transferred in violation of 18 Pa.C.S. § 6111 (relating
15 to sale or transfer of firearms).
16 Such persons shall not be eligible for parole, probation, work
17 release or furlough.
18 * * *
19 Section 2. This act shall take effect in 60 days.
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