PRINTER'S NO. 2178
No. 1771 Session of 1999
INTRODUCED BY STEELMAN, L. I. COHEN, DeWEESE, BARD, TRELLO,
YOUNGBLOOD, THOMAS, TRAVAGLIO, RAMOS AND HARHAI,
JUNE 30, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 30, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for sentences
3 for offenses against elderly persons and against infant
4 persons.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 9717 and 9718 of Title 42 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 9717. Sentences for offenses against elderly persons.
10 (a) Mandatory sentence.--A person [under 60 years of age]
11 convicted of the following offenses when the victim is over 60
12 years of age and not a police officer shall be sentenced to a
13 mandatory term of imprisonment as follows:
14 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
15 assault) - not less than two years.
16 18 Pa.C.S. § 3121 (relating to rape) - not less than five
17 years.
18 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
1 intercourse) - not less than five years.
2 18 Pa.C.S. § 3922 (relating to theft by deception) - not
3 less than 12 months, but the imposition of the minimum
4 sentence shall be discretionary with the court where the
5 court finds justifiable cause and that finding is written in
6 the opinion.
7 (b) Nursing home resident.--A person convicted under 18
8 Pa.C.S. § 3126 (relating to indecent assault) when the victim is
9 60 years of age or older or a resident of a nursing home shall
10 be sentenced to:
11 (1) a mandatory term of imprisonment of two years; and
12 (2) a mandatory term of therapeutic intervention for
13 behavioral disorders for a period of two years.
14 (c) Eligibility for parole.--Parole shall not be granted
15 until the minimum term of imprisonment has been served.
16 § 9718. Sentences for offenses against infant persons.
17 (a) Mandatory sentence.--
18 (1) A person convicted of the following offenses when
19 the victim is under 16 years of age shall be sentenced to a
20 mandatory term of imprisonment as follows:
21 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
22 assault) - not less than two years.
23 18 Pa.C.S. § 3121(1), (2), (3), (4), (5) and (6)
24 (relating to rape) - not less than five years.
25 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
26 intercourse) - not less than five years.
27 (2) A person convicted of the following offenses when
28 the victim is less than 13 years of age shall be sentenced to
29 a mandatory term of imprisonment as follows:
30 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault)
19990H1771B2178 - 2 -
1 - not less than five years.
2 18 Pa.C.S. § 3125(1) through (6) (relating to aggravated
3 indecent assault) - not less than two and one-half years.
4 (b) Indecent assault.--A person convicted under 18 Pa.C.S. §
5 3126 (relating to indecent assault) when the victim is 12 years
6 of age or younger shall be sentenced to:
7 (1) a mandatory term of imprisonment of two years; and
8 (2) a mandatory term of therapeutic intervention for
9 behavioral disorders for a period of two years.
10 (c) Eligibility for parole.--Parole shall not be granted
11 until the minimum term of imprisonment has been served.
12 Section 2. This act shall take effect in 60 days.
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