PRINTER'S NO. 1005
No. 874 Session of 2001
INTRODUCED BY COSTA, MELLOW, MUSTO, BOSCOLA, LOGAN, ROBBINS, PUNT, RHOADES, WOZNIAK AND STACK, MAY 11, 2001
REFERRED TO JUDICIARY, MAY 11, 2001
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing 3 sentences for offenses against infant persons. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 9718 of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 9718. Sentences for offenses against infant persons. 9 (a) Mandatory sentence.-- 10 (1) A person convicted of the following offenses when 11 the victim is under 16 years of age shall be sentenced to a 12 mandatory term of imprisonment as follows: 13 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated 14 assault) - not less than two years. 15 18 Pa.C.S. § 3121(1), (2), (3), (4), (5) and (6) 16 (relating to rape) - not less than five years. 17 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual 18 intercourse) - not less than five years.
1 (2) A person convicted of the following offenses when 2 the victim is less than 13 years of age shall be sentenced to 3 a mandatory term of imprisonment as follows: 4 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault) 5 - not less than five years. 6 18 Pa.C.S. § 3125(1) through (6) (relating to aggravated 7 indecent assault) - not less than two and one-half years. 8 (a.1) Life imprisonment provision.--Notwithstanding any 9 other provision of law to the contrary, a person convicted of 10 the following offenses shall be sentenced to a term of life 11 imprisonment when the victim is 13 years of age or younger and 12 the offense includes serious bodily injury as defined in 18 13 Pa.C.S. § 2301 (relating to definitions): 14 18 Pa.C.S. § 3121. 15 18 Pa.C.S. § 3123. 16 (b) Eligibility for parole.--[Parole] Except as provided in 17 subsection (a.1), parole shall not be granted until the minimum 18 term of imprisonment has been served. 19 (c) Authority of court in sentencing.--There shall be no 20 authority in any court to impose on an offender to which this 21 section is applicable any lesser sentence than provided for in 22 subsections (a) and (a.1) or to place such offender on probation 23 or to suspend sentence. Nothing in this section shall prevent 24 the sentencing court from imposing a sentence greater than that 25 provided in this section. Sentencing guidelines promulgated by 26 the Pennsylvania Commission on Sentencing shall not supersede 27 the mandatory sentences provided in this section. 28 (d) Appeal by Commonwealth.--If a sentencing court shall 29 refuse to apply this section where applicable, the Commonwealth 30 shall have the right to appellate review of the action of the 20010S0874B1005 - 2 -
1 sentencing court. The appellate court shall vacate the sentence 2 and remand the case to the sentencing court for the imposition 3 of a sentence in accordance with this section if it finds that 4 the sentence was imposed in violation of this section. 5 Section 2. This act shall take effect in 60 days. D2L42SFL/20010S0874B1005 - 3 -