PRINTER'S NO. 1407
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1091
Session of
2015
INTRODUCED BY STEPHENS, TAYLOR, SCHWEYER, HACKETT, DRISCOLL,
THOMAS, BARRAR, McNEILL, COHEN, GODSHALL, TRUITT, TOEPEL,
MARSICO, GIBBONS, SABATINA, MURT, VEREB, DeLUCA, DEASY,
MATZIE, D. COSTA, MOUL AND WATSON, MAY 4, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MAY 4, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentences for offenses committed with firearms
and for sentences for second and subsequent offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9712(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 9712. Sentences for offenses committed with firearms.
(a) Mandatory sentence.--Except as provided under section
9716 (relating to two or more mandatory minimum sentences
applicable), any person who is convicted in any court of this
Commonwealth of a crime of violence as defined in section
9714(g) (relating to sentences for second and subsequent
offenses), shall, if the person [visibly] possessed a firearm
[or] during the commission of the offense, regardless of whether
it was loaded or functional, or the person visibly possessed a
replica of a firearm[, whether or not the firearm or replica was
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loaded or functional,] that placed the victim in reasonable fear
of death or serious bodily injury, during the commission of the
offense, be sentenced to a minimum sentence of at least five
years of total confinement notwithstanding any other provision
of this title or other statute to the contrary. Such persons
shall not be eligible for parole, probation, work release or
furlough.
* * *
Section 2. Section 9714(g) of Title 42, amended February 25,
2014 (P.L.33, No.16), is amended to read:
§ 9714. Sentences for second and subsequent offenses.
* * *
(g) Definition.--As used in this section, the term "crime of
violence" means murder of the third degree, voluntary
manslaughter, manslaughter of a law enforcement officer as
defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
homicide of law enforcement officer), murder of the third degree
involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
(relating to murder of unborn child), aggravated assault of an
unborn child as defined in 18 Pa.C.S. § 2606 (relating to
aggravated assault of unborn child), aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault), assault of law enforcement officer as
defined in 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer), use of weapons of mass destruction as
defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
(relating to terrorism), trafficking of persons when the offense
is graded as a felony of the first degree as provided in 18
Pa.C.S. [§ 3002 (relating to trafficking of persons)] Ch. 30
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(relating to human trafficking), rape, involuntary deviate
sexual intercourse, aggravated indecent assault, incest, sexual
assault, arson endangering persons or aggravated arson as
defined in 18 Pa.C.S. § 3301(a) or (a.1) (relating to arson and
related offenses), ecoterrorism as classified in 18 Pa.C.S. §
3311(b)(3) (relating to ecoterrorism), kidnapping, burglary as
defined in 18 Pa.C.S. § 3502(a)(1) (relating to burglary),
robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)
(relating to robbery), or robbery of a motor vehicle, drug
delivery resulting in death as defined in 18 Pa.C.S. § 2506(a)
(relating to drug delivery resulting in death), possession, use,
manufacture, control, sale or transfer of firearms as defined in
18 Pa.C.S. § 6105(a) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms) by a person
convicted of a felony enumerated under 18 Pa.C.S. § 6105(b) or a
felony under the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act, or
any equivalent Federal statute or equivalent statute of any
other state punishable by a term of imprisonment exceeding two
years, or criminal attempt, criminal conspiracy or criminal
solicitation to commit murder or any of the offenses listed
above, or an equivalent crime under the laws of this
Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.
Section 3. This act shall take effect in 60 days.
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