PRINTER'S NO. 1226
No. 1095 Session of 1979
INTRODUCED BY TRELLO, SEVENTY, KNIGHT, PISTELLA, GAMBLE, FISHER,
KNEPPER, HONAMAN, SIRIANNI, CORNELL AND NAHILL,
APRIL 30, 1979
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 30, 1979
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing a mandatory sentence for
3 rape.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18, act of November 25, 1970 (P.L.707,
7 No.230), known as the Pennsylvania Consolidated Statutes, is
8 amended by adding a section to read:
9 § 1363. Sentence of imprisonment for rape.
10 (a) Mandatory sentences.--Any person convicted in any court
11 of this Commonwealth of rape shall, notwithstanding any other
12 provision of this title or other statute, in the case of a first
13 offense be sentenced to not less than a minimum term of ten
14 years imprisonment. In the case of a second or subsequent
15 conviction for rape, the person so convicted shall be sentenced
16 to imprisonment for a term of 20 year to life. In such cases,
17 there shall be no authority in any court to impose any lesser
18 sentence or to place the defendant on probation or to suspend
1 sentence.
2 (b) Appeal by Commonwealth.--Should a sentencing court
3 determine that this section is inapplicable in any case or
4 refuse to apply this section where applicable, the Commonwealth
5 shall have the right to appellate review of the action of the
6 sentencing court. Any order entered in violation of this section
7 shall be null and void and, if appealed, the appellate court
8 which hears the case shall remand for imposition of sentence in
9 accordance with law.
10 Section 2. This act shall take effect immediately.
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