PRINTER'S NO. 330
No. 313 Session of 2001
INTRODUCED BY MAYERNIK, READSHAW, CORRIGAN, MICHLOVIC AND
BARRAR, JANUARY 31, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, prohibiting the practice
3 of plea bargaining in cases where a firearms offense is
4 charged.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 8704. Plea bargaining prohibited for firearms offenses.
10 (a) General rule.--In the case of a firearms offense, a
11 court may not accept a plea of guilty to a lesser offense or a
12 plea of guilty to only one or some of multiple offenses charged
13 in return for a lighter sentence than the sentence to be imposed
14 for the more serious offense or offenses.
15 (b) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Firearm." As defined in 18 Pa.C.S. § 6102 (relating to
1 definitions).
2 "Firearms offense."
3 (1) Any crime during the commission of which the
4 defendant visibly possessed a firearm.
5 (2) An offense under 18 Pa.C.S. Ch. 61 Subch. A
6 (relating to Uniform Firearms Act).
7 Section 2. The addition of 42 Pa.C.S. § 8704 shall apply to
8 criminal proceedings commenced on or after the effective date of
9 this act.
10 Section 3. This act shall take effect in 60 days.
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