PRINTER'S NO. 3685
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2487
Session of
2018
INTRODUCED BY STEPHENS, QUIGLEY, BAKER, CORBIN, PASHINSKI,
ROZZI, CHARLTON, TOEPEL, MILLARD, BARRAR, BARBIN, READSHAW,
MURT, V. BROWN, ROEBUCK, CONKLIN, COX, D. COSTA, WATSON,
GILLEN AND LAWRENCE, JUNE 13, 2018
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for sentencing for crimes involving family or household
member.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9720.8. Sentencing for crimes involving family or household
member.
The following sentencing provisions shall apply to a
violation of an offense under 18 Pa.C.S. (relating to crimes and
offenses) where the victim is a family or household member of
the person as described in 23 Pa.C.S. § 6108 (relating to
relief):
(1) Unless a sentence enhancement is provided for the
offense by statute, the Pennsylvania Commission on Sentencing
shall, in accordance with section 2154 (relating to adoption
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
of guidelines for sentencing), provide for sentence
enhancements within its guidelines for an offense under 18
Pa.C.S.
(2) Unless a grading increase is otherwise provided by
statute for a second or subsequent offense under 18 Pa.C.S.,
or a first offense under 18 Pa.C.S. if the person was subject
to an order protecting the victim issued under 18 Pa.C.S. §
4954 (relating to protective orders) or an order issued under
23 Pa.C.S. § 6108 at the time of the commission of the
offense, grading shall be in accordance with the following:
(i) A second or subsequent offense under 18 Pa.C.S.
against the same victim shall be classified as one degree
higher in the classification specified in 18 Pa.C.S. §
106 (relating to classes of offenses) than the
classification set forth for the offense.
(ii) An offense under 18 Pa.C.S. if the person was
subject to an order issued under 18 Pa.C.S. § 4954 or an
order issued under 23 Pa.C.S. § 6108 protecting the
victim at the time of the offense shall be classified as
one degree higher in the classification specified in 18
Pa.C.S. § 106 than the classification set forth for the
offense.
Section 2. This act shall take effect in 60 days.
20180HB2487PN3685 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23