PRINTER'S NO. 44
No. 19 Session of 2007
INTRODUCED BY D. EVANS, GERBER, CALTAGIRONE, MYERS, STURLA, WHEATLEY, WILLIAMS, BENNINGTON, BISHOP, COHEN, CRUZ, CURRY, FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCK, JANUARY 30, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2007
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, providing for serious drug trafficking 3 and violent repeat offenders not to possess, use, 4 manufacture, control, sell or transfer firearms. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Title 18 of the Pennsylvania Consolidated 8 Statutes is amended by adding a section to read: 9 § 6105.2. Serious drug trafficking or violent repeat offenders 10 not to possess, use, manufacture, control, sell or 11 transfer firearms. 12 (a) Offense defined.-- 13 (1) A person who has two prior convictions for 14 qualifying criminal offenses arising from separate criminal 15 transactions and who possesses, uses, manufactures, controls, 16 sells or transfers a firearm in this Commonwealth commits a 17 felony of the second degree. 18 (2) A person who has three or more prior convictions for
1 qualifying criminal offenses arising from separate criminal 2 transactions and who possesses, uses, manufactures, controls, 3 sells or transfers a firearm in this Commonwealth commits a 4 felony of the first degree. 5 (b) Mandatory minimum sentence.-- 6 (1) A person convicted under subsection (a)(1) shall be 7 sentenced to a minimum term of at least five years total 8 confinement. 9 (2) A person convicted under subsection (a)(2) shall be 10 sentenced to a minimum term of at least ten years total 11 confinement. 12 (c) Notice.--Reasonable notice of the Commonwealth's 13 intention to proceed under subsection (b) shall be provided to 14 the defendant before sentencing. 15 (d) Authority of court in sentencing.--There shall be no 16 authority in any court to impose on an offender to which this 17 section is applicable a lesser sentence than provided for in 18 this section or to place the offender on probation, parole, work 19 release or prerelease or to suspend sentence. Nothing in this 20 section shall prevent the sentencing court from imposing a 21 sentence greater than provided in this section. Sentencing 22 guidelines promulgated by the Pennsylvania Commission on 23 Sentencing shall not supersede the mandatory sentences provided 24 in this section. 25 (e) Appeal by Commonwealth.--If a sentencing court refuses 26 to apply the sentencing provisions of subsection (b) where 27 applicable, the Commonwealth shall have the right to appellate 28 review of the action of the sentencing court. The appellate 29 court shall vacate the sentence and remand the case to the 30 sentencing court for imposition of a sentence in accordance with 20070H0019B0044 - 2 -
1 subsection (b) if it finds that the sentence was imposed in 2 violation of subsection (b). 3 (f) Definitions.--As used in this section, the following 4 words and phrases shall have the meanings given to them in this 5 subsection: 6 "Firearm." Any weapons as set forth in section 6105(i) 7 (relating to persons not to possess, use, manufacture, control, 8 sell or transfer firearms). 9 "Prior conviction." A plea of guilty, a plea of nolo 10 contendere or a finding of guilt by a court entered before the 11 commission of the current offense under subsection (a), whether 12 or not sentence has been imposed or disposition ordered for the 13 prior offense. 14 "Qualifying criminal offense." A serious crime of violence 15 or serious drug trafficking offense. 16 "Serious crime of violence." Any offense set forth in 42 17 Pa.C.S. § 9714(g) (relating to sentences for second and 18 subsequent offenses). 19 "Serious drug trafficking offense." Any drug trafficking 20 offense subject to the provisions of section 6314 (relating to 21 sentencing and penalties for trafficking drugs to minors) or 22 7508 (relating to drug trafficking sentencing and penalties), or 23 an equivalent crime in another jurisdiction. 24 Section 2. This act shall take effect in 60 days. A17L18DMS/20070H0019B0044 - 3 -