PRIOR PRINTER'S NO. 2163 PRINTER'S NO. 2410
No. 1804 Session of 1981
INTRODUCED BY PICCOLA, ALDEN, STEVENS, SALVATORE,
W. D. HUTCHINSON, GEIST, HORGOS, RYAN, CIMINI, SPITZ,
SHUPNIK, GLADECK, HAYES, SPENCER, LEHR, McINTYRE, ROCKS,
CORDISCO, VROON, RASCO, MARMION, SIRIANNI, SNYDER, MANMILLER,
WAMBACH, NOYE, WENGER, SAURMAN, FRAZIER, BOYES, FREIND,
LESCOVITZ, MERRY, POTT, E. Z. TAYLOR, GRIECO,
A. K. HUTCHINSON, PUNT, JOHNSON, MORRIS, COSLETT, CUNNINGHAM,
AND PETERSON, SEPTEMBER 16, 1981
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 20, 1981
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 imposition of certain mandatory sentences and authorizing the
4 incurring of debt without approval of the electors to provide
5 additional prison facilities to implement the mandatory
6 sentence provisions.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 42, act of November 25, 1970 (P.L.707,
10 No.230), known as the Pennsylvania Consolidated Statutes, is
11 amended by adding a section to read:
12 § 9703. Scope of chapter.
13 Except as otherwise specifically provided in this chapter, in
14 all cases the sentence to be imposed shall be determined by the
15 court as authorized by law.
16 Section 2. Section 9712 of Title 42, renumbered and
1 transferred from Title 18 October 5, 1980 (P.L.693, No.142), is
2 amended to read:
3 [§ 9712. All other cases.
4 In all cases, except where the defendant has been found
5 guilty of murder of the first degree, the sentence shall be
6 determined by the court as authorized by law.]
7 § 9712. Sentences for offenses committed with firearms.
8 (a) Mandatory sentence.--Any person who is convicted in any
9 court of this Commonwealth of murder of the third degree,
10 voluntary manslaughter, rape, involuntary deviate sexual
11 intercourse, robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i),
12 (ii) or (iii) (relating to robbery), aggravated assault as
13 defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated
14 assault) or kidnapping, or who is convicted of attempt to commit
15 any of these crimes, shall, if the person visibly displayed a
16 firearm during the commission of the offense, be sentenced to a
17 minimum sentence of at least five years of total confinement
18 notwithstanding any other provision of this title or other
19 statute to the contrary.
20 (b) Proof at sentencing.--
21 (1) Provisions of this section shall not be an element <--
22 of the crime and prior notice thereof to the defendant shall <--
23 not be required. OF THE COMMONWEALTH'S INTENTION TO PROCEED <--
24 UNDER THIS SECTION SHALL BE GIVEN AS PROVIDED BY GENERAL
25 RULE. The applicability of this section shall be determined
26 at sentencing.
27 (2) If the Commonwealth proceeded to trial under 18 <--
28 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act), <--
29 an adjudication of guilt on any or all of these crimes shall
30 be conclusive evidence that the defendant visibly displayed a
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1 firearm for purposes of this section.
2 (3) If the Commonwealth did not proceed to trial under
3 18 Pa.C.S. Ch. 61 Subch. A, the court shall consider any THE <--
4 COURT SHALL CONSIDER ANY evidence presented at trial and
5 shall afford the Commonwealth and the defendant an
6 opportunity to present any necessary additional evidence and
7 shall determine, by a preponderance of the evidence, if this
8 section is applicable.
9 (c) Authority of court in sentencing.--There shall be no
10 authority in any court to impose on an offender to which this
11 section is applicable any lesser sentence than provided for in
12 subsection (a) or to place such offender on probation or to
13 suspend sentence. Nothing in this section shall prevent the
14 sentencing court from imposing a sentence greater than that
15 provided in this section. Sentencing guidelines promulgated by
16 the Pennsylvania Commission on Sentencing shall not supersede
17 the mandatory sentences provided in this section.
18 (d) Appeal by Commonwealth.--If a sentencing court refuses
19 to apply this section where applicable, the Commonwealth shall
20 have the right to appellate review of the action of the
21 sentencing court. The appellate court shall vacate the sentence
22 and remand the case to the sentencing court for imposition of a
23 sentence in accordance with this section if it finds that the
24 sentence was imposed in violation of this section.
25 (e) Definition of firearm.--As used in this section
26 "firearm" means any weapon (including a starter gun) which will
27 or is designed to or may readily be converted to expel a
28 projectile by the action of an explosive or the expansion of gas
29 therein.
30 Section 3. Title 42 is amended by adding sections to read:
19810H1804B2410 - 3 -
1 § 9713. Sentences for offenses committed on public
2 transportation.
3 (a) Mandatory sentence.--Any person who is convicted in any
4 court of this Commonwealth of murder of the third degree,
5 voluntary manslaughter, rape, involuntary deviate sexual
6 intercourse, robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i),
7 (ii) or (iii) (relating to robbery), arson AS DEFINED IN 18 <--
8 PA.C.S. § 3301(A) (RELATING TO ARSON), kidnapping or aggravated
9 assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to
10 aggravated assault), or who is convicted of attempt to commit
11 any of these crimes, shall be sentenced to a minimum sentence of
12 at least five years of total confinement if the crime occurs in
13 or near public transportation as defined in subsection (b),
14 NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OTHER <--
15 STATUTE TO THE CONTRARY.
16 (b) Site of commission of crime.--For the purposes of
17 subsection (a), a crime shall be deemed to have occurred in or
18 near public transportation if it is committed in whole or in
19 part in a vehicle, station, terminal, waiting area or other
20 facility used by a person, firm, corporation, municipality,
21 municipal authority or port authority in rendering passenger
22 transportation services to the public or a segment of the public
23 or if it is committed in whole or in part on steps, passageways
24 or other areas leading to or from or in the immediate vicinity
25 of such a public transportation vehicle, station, terminal,
26 waiting area or other facility.
27 (c) Proof at sentencing.--Provisions of this section shall
28 not be an element of the crime and prior notice thereof to the <--
29 defendant shall not be required. OF THE COMMONWEALTH'S INTENTION <--
30 TO PROCEED UNDER THIS SECTION SHALL BE GIVEN AS PROVIDED BY
19810H1804B2410 - 4 -
1 GENERAL RULE. The applicability of this section shall be
2 determined at sentencing. If insufficient evidence was presented <--
3 at trial to determine whether the crime occurred in or near
4 public transportation as defined in subsection (b), the court
5 THE COURT SHALL CONSIDER ANY EVIDENCE PRESENTED AT TRIAL AND <--
6 shall afford the Commonwealth and the defendant an opportunity
7 to present any necessary additional evidence and shall
8 determine, by a preponderance of the evidence, if this section
9 is applicable.
10 (d) Authority of court in sentencing.--There shall be no
11 authority in any court to impose on an offender to which this
12 section is applicable any lesser sentence than provided for in
13 subsection (a) or to place such offender on probation or to
14 suspend sentence. Nothing in this section shall prevent the
15 sentencing court from imposing a sentence greater than that
16 provided in this section. Sentencing guidelines promulgated by
17 the Pennsylvania Commission on Sentencing shall not supersede
18 the mandatory sentences provided in this section.
19 (e) Appeal by Commonwealth.--If a sentencing court refuses
20 to apply this section where applicable, the Commonwealth shall
21 have the right to appellate review of the action of the
22 sentencing court. The appellate court shall vacate the sentence
23 and remand the case to the sentencing court for imposition of a
24 sentence in accordance with this section if it finds that the
25 sentence was imposed in violation of this section.
26 § 9714. Sentences for second and subsequent offenses.
27 (a) Mandatory sentence.--Any person who is convicted in any
28 court of this Commonwealth of murder of the third degree,
29 voluntary manslaughter, rape, involuntary deviate sexual
30 intercourse, arson AS DEFINED IN 18 PA.C.S. § 3301(A) (RELATING <--
19810H1804B2410 - 5 -
1 TO ARSON), kidnapping or robbery as defined in 18 Pa.C.S. §
2 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or attempt
3 to commit any of these crimes, or who is convicted of aggravated
4 assault in which the offender intentionally, knowingly or
5 recklessly causes serious bodily injury to another under
6 circumstances manifesting extreme indifference to the value of
7 human life, shall, if they have previously been convicted of a
8 crime of violence as specified in subsection (b), be sentenced
9 to a minimum sentence of at least five years of total
10 confinement notwithstanding any other provision of this title or
11 other statute to the contrary.
12 (b) Prior convictions for crimes of violence.--For the
13 purposes of subsection (a), an offender shall be deemed to have
14 prior convictions for crimes of violence if both of the
15 following conditions hold:
16 (1) The offender was previously convicted in this
17 Commonwealth or any other state or the District of Columbia
18 or in any Federal court of murder, voluntary manslaughter,
19 rape, involuntary deviate sexual intercourse, robbery as
20 defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)
21 (relating to robbery), arson AS DEFINED IN 18 PA.C.S. § <--
22 3301(A) (RELATING TO ARSON), kidnapping or aggravated assault
23 in which the offender intentionally, knowingly or recklessly
24 causes serious bodily injury to another under circumstances
25 manifesting extreme indifference to the value of human life,
26 or an equivalent crime in other jurisdictions. The previous
27 conviction need not be for the same crime as the instant
28 offense for this section to be applicable.
29 (2) The previous conviction occurred within seven years
30 of the date of the commission of the instant offense, except
19810H1804B2410 - 6 -
1 that any time during which the offender was incarcerated in
2 any penitentiary, prison or other place of detention shall
3 not be considered in computing the relevant seven-year
4 period. Convictions for other offenses arising from the same
5 criminal episode as the instant offense shall not be
6 considered previous convictions for the purpose of this
7 section. A previous conviction shall include any conviction,
8 whether or not litigation is pending concerning that
9 conviction.
10 (c) Proof at sentencing.--Provisions of this section shall
11 not be an element of the crime and prior notice thereof to the <--
12 defendant shall not be required. OF THE COMMONWEALTH'S INTENTION <--
13 TO PROCEED UNDER THIS SECTION SHALL BE GIVEN AS PROVIDED BY
14 GENERAL RULE. The applicability of this section shall be
15 determined at sentencing. The sentencing court, prior to
16 imposing sentence on an offender under subsection (a), shall
17 have a complete record of the previous convictions of the
18 offender, copies of which shall be furnished to the offender. If
19 the offender or the attorney for the Commonwealth contests the
20 accuracy of the record, the court shall schedule a hearing and
21 direct the offender and the attorney for the Commonwealth to
22 submit evidence regarding the previous convictions of the
23 offender. The court shall then determine the previous
24 convictions of the offender and, if this section is applicable,
25 shall impose sentence in accordance with this section. Should a
26 previous conviction be vacated and an acquittal or final
27 discharge entered subsequent to imposition of sentence under
28 this section, the offender shall have the right to petition the
29 sentencing court for reconsideration of sentence if this section
30 would not have been applicable except for the conviction which
19810H1804B2410 - 7 -
1 was vacated.
2 (d) Authority of court in sentencing.--There shall be no
3 authority in any court to impose on an offender to which this
4 section is applicable any lesser sentence than provided for in
5 subsection (a) or to place such offender on probation or to
6 suspend sentence. Nothing in this section shall prevent the
7 sentencing court from imposing a sentence greater than that
8 provided in this section. Sentencing guidelines promulgated by
9 the Pennsylvania Commission on Sentencing shall not supersede
10 the mandatory sentences provided in this section.
11 (e) Appeal by Commonwealth.--If a sentencing court shall
12 refuse to apply this section where applicable, the Commonwealth
13 shall have the right to appellate review of the action of the
14 sentencing court. The appellate court shall vacate the sentence
15 and remand the case to the sentencing court for the imposition
16 of a sentence in accordance with this section if it finds that
17 the sentence was imposed in violation of this section.
18 § 9715. Life imprisonment for homicide.
19 (a) Mandatory life imprisonment.--Notwithstanding the
20 provisions of section 9712 (relating to sentences for offenses
21 committed with firearms), 9713 (relating to sentences for
22 offenses committed on public transportation) or 9714 (relating
23 to sentences for second and subsequent offenses), any person
24 convicted of murder of the third degree in this Commonwealth who
25 has previously been convicted at any time of murder or voluntary
26 manslaughter in this Commonwealth or of the same or
27 substantially equivalent crime in any other jurisdiction shall
28 be sentenced to life imprisonment, NOTWITHSTANDING ANY OTHER <--
29 PROVISION OF THIS TITLE OR OTHER STATUTE TO THE CONTRARY.
30 (b) Proof at sentencing.--Provisions of this section shall
19810H1804B2410 - 8 -
1 not be an element of the crime and prior notice thereof to the <--
2 defendant shall not be required. OF THE COMMONWEALTH'S INTENTION <--
3 TO PROCEED UNDER THIS SECTION SHALL BE GIVEN AS PROVIDED BY
4 GENERAL RULE. The applicability of this section shall be
5 determined at sentencing. The sentencing court, prior to
6 imposing sentence on an offender under subsection (a), shall
7 have a complete record of the previous convictions of the
8 offender, copies of which shall be furnished to the offender. If
9 the offender or the attorney for the Commonwealth contests the
10 accuracy of the record, the court shall schedule a hearing and
11 direct the offender and the attorney for the Commonwealth to
12 submit evidence regarding the previous convictions of the
13 offender. The court shall then determine the previous
14 convictions of the offender and, if this section is applicable,
15 shall impose sentence in accordance with this section. Should a
16 previous conviction be vacated and an acquittal or final
17 discharge entered subsequent to imposition of sentence under
18 this section, the offender shall have the right to petition the
19 sentencing court for reconsideration of sentence if this section
20 would not have been applicable except for the conviction which
21 was vacated.
22 (c) Authority of court in sentencing.--There shall be no
23 authority in any court to impose on an offender to which this
24 section is applicable any lesser sentence than provided for in
25 subsection (a) or to place such offender on probation or to
26 suspend sentence. Nothing in this section shall prevent the
27 sentencing court from imposing a sentence greater than that
28 provided in this section. Sentencing guidelines promulgated by
29 the Pennsylvania Commission on Sentencing shall not supersede
30 the mandatory sentences provided in this section.
19810H1804B2410 - 9 -
1 (d) Appeal by Commonwealth.--If a sentencing court refuses
2 to apply this section where applicable, the Commonwealth shall
3 have the right to appellate review of the action of the
4 sentencing court. The appellate court shall vacate the sentence
5 and remand the case to the sentencing court for imposition of a
6 sentence in accordance with this section if it finds that the
7 sentence was imposed in violation of this section.
8 § 9716. Two or more mandatory minimum sentences applicable.
9 Where two or more sections requiring mandatory minimum
10 sentences are applicable, the court shall be bound by that
11 section requiring the greater penalty.
12 Section 4. (a) Additional capital projects in the category
13 of public improvement projects to be acquired and constructed by
14 the Department of General Services, its successors or assigns,
15 and to be financed by the incurring of debt, are hereby
16 itemized, together with the respective estimated financial costs
17 and the total additional amount authorized for the public
18 improvement projects as follows:
19 A. Total Authorization.......................... $112,000,000
20 B. Itemization of Public Improvement Projects:
21 Project Base Contin- Total
22 Project gencies Project
23 Allocation Allocation
24 Bureau
25 of
26 Correction $93,300,000 $18,700,000 $112,000,000
27 I. State Correc-
28 tional Institution -
29 Montgomery County
30 (1) New State
19810H1804B2410 - 10 -
1 Correctional
2 Institution
3 on grounds of
4 State Correc-
5 tional Insti-
6 tution at
7 Graterford 22,500,000 4,500,000 27,000,000
8 II. State Correc-
9 tional Institu-
10 tion - Hunting-
11 don County
12 (1) New State
13 Correctional
14 Institution
15 on grounds
16 of State
17 Correctional
18 Institution
19 at Hunting-
20 don 22,500,000 4,500,000 27,000,000
21 III. State Correc-
22 tional Institu-
23 tion - Cambria
24 County
25 (1) Conversion
26 of Cresson
27 Center to
28 a State
29 Correctional
30 Institution 13,300,000 2,700,000 16,000,000
19810H1804B2410 - 11 -
1 IV. State Correc-
2 tional Institu-
3 tion - Allegheny
4 County
5 (1) Conversion
6 of C. Howard
7 Marcy State
8 Hospital to
9 a State
10 Correctional
11 Institution 8,300,000 1,700,000 10,000,000
12 V. State Correc-
13 tional Institu-
14 tion at Dallas
15 (1) Additional
16 Cell Blocks 5,000,000 1,000,000 6,000,000
17 VI. State Regional
18 Correctional
19 Facility at
20 Greensburg
21 (1) Additional
22 Cell Blocks 4,200,000 800,000 5,000,000
23 VII. State Regional
24 Correctional
25 Facility at
26 Mercer
27 (1) Additional
28 Cell Blocks 5,000,000 1,000,000 6,000,000
29 VIII. State
30 Correctional
19810H1804B2410 - 12 -
1 Institution -
2 Luzerne County
3 (1) Conversion
4 of Retreat
5 State Hospital
6 to a State
7 Correctional
8 Institution 12,500,000 2,500,000 15,000,000
9 (b) The Governor, Auditor General and State Treasurer are
10 hereby authorized and directed to borrow, from time to time, in
11 addition to any authorization heretofore or hereafter enacted,
12 on the credit of the Commonwealth, subject to the limitations
13 provided in the current capital budget, money not exceeding in
14 the aggregate the sum of $112,000,000 as may be found necessary
15 to carry out the acquisition and construction of the public
16 improvement projects specifically itemized in a capital budget.
17 (c) The indebtedness herein authorized shall be incurred
18 from time to time and shall be evidenced by one or more series
19 of general obligation bonds of the Commonwealth in such
20 aggregate principal amount for each series as the Governor,
21 Auditor General and State Treasurer shall determine, but the
22 latest stated maturity date shall not exceed 20 years from the
23 date of the bond first issued for each such series.
24 (d) The General Assembly states the estimated useful life of
25 each public improvement project heretofore itemized is not less
26 than 20 years from the date of completion thereof, which period
27 is hereby stated to be the maximum term of the debt to be
28 incurred.
29 (e) The net proceeds of the sale of the obligations herein
30 authorized are hereby appropriated from the Capital Facilities
19810H1804B2410 - 13 -
1 Fund to the Department of General Services in the maximum amount
2 of $112,000,000 to be used by it exclusively to defray the
3 financial cost of the public improvement projects specifically
4 itemized in a capital budget. After reserving or paying the
5 expenses of the sale of the obligation, the State Treasurer
6 shall pay to the Department of General Services the moneys as
7 required and certified by it to be legally due and payable.
8 (f) All moneys received from the Federal Government, if any,
9 for the construction of the public improvement projects
10 specifically itemized herein are hereby appropriated for those
11 projects: Provided, however, That the total cost of the projects
12 shall not be increased over the amounts itemized in subsection
13 (a): And provided further, That if moneys are received from or
14 legally committed by the Federal Government for these projects
15 prior to issuance of the full amount of bonds authorized in
16 subsection (c), then only the additional amount of bonds needed
17 to meet the maximum allocations for the projects shall be
18 issued.
19 (g) Whenever as determined by the Department of General
20 Services the full estimated financial cost of the public
21 improvement projects itemized in subsection (a) is not necessary
22 for the proper design, acquisition or construction of the
23 projects, the excess funds no longer required may be allocated
24 to increase the estimated cost of any one or more of the public
25 improvement projects specifically itemized in a capital budget.
26 (H) THE ADDITIONAL CORRECTIONAL CONSTRUCTION PROVIDED FOR IN <--
27 THIS SECTION SHALL INCLUDE SPECIFIC UNITS TOTALING NOT LESS THAN
28 175 BEDS FOR THE EXCLUSIVE HOUSING AND TREATMENT OF MENTALLY ILL
29 INMATES FOR SHORT TERM PERIODS. THE SIZE AND LOCATION OF UNITS
30 SHALL BE AT THE DISCRETION OF THE BUREAU OF CORRECTIONS. THE
19810H1804B2410 - 14 -
1 CONSTRUCTION OF OR RENOVATION FOR SUCH UNITS SHALL BE
2 SIMULTANEOUS WITH OR PRIOR TO THE CONSTRUCTION OF ADDITIONAL
3 GENERAL POPULATION HOUSING UNITS.
4 (h) (I) This section constitutes a supplement to the capital <--
5 budget for the fiscal year 1981-1982.
6 Section 5. This act shall take effect in 90 days. The
7 mandatory sentences provided in this act shall be applicable to
8 offenses committed after the effective date.
I8L42CM/19810H1804B2410 - 15 -