PRINTER'S NO. 1748
No. 1469 Session of 1977
INTRODUCED BY LETTERMAN, ARTHURS, FEE, FRYER, YAHNER, BRUNNER
AND RENWICK, JULY 11, 1977
REFERRED TO COMMITTEE ON JUDICIARY, JULY 11, 1977
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to
3 sentencing.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 907 of Title 18, act of November 25, 1970
7 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 907. Possessing instruments of crime.
10 * * *
11 (d) Possession of a weapon during the commission of certain
12 offenses.--A person commits a felony of the second degree, for
13 which the minimum sentence must be no less than one-half the
14 maximum sentence provided by law for a felony of the second
15 degree, if he possesses a weapon while engaged in or an
16 accomplice to the commission of, an attempt to commit, or flight
17 after committing murder, robbery, rape, or deviate sexual
18 intercourse by force or threat of force, burglary, criminal
1 trespass in a building or occupied structure, kidnapping, or
2 riot.
3 Section 2. Title 18 is amended by adding a section to read:
4 § 1107. Sentence for persons who commit crimes when armed
5 with weapons.
6 (a) Sentence upon first conviction.--A person who is
7 convicted of any crime when armed with a weapon, shall in
8 addition to the punishment provided for such crime be sentenced
9 to a consecutive term of imprisonment which shall be not less
10 than one year and not more than two years.
11 (b) Sentence upon second conviction.--Any person who after
12 having been convicted within or without this Commonwealth of any
13 crime when armed with a weapon shall, upon conviction of such
14 crime for a second offense, in addition to the punishment
15 provided for such crime, be sentenced to a consecutive term of
16 imprisonment which shall be not less than three years and not
17 more than 15 years.
18 (c) Sentence upon third conviction.--Any person who after
19 having been convicted within or without this Commonwealth of any
20 crime when armed with a weapon shall, upon conviction of such
21 crime for a third offense, in addition to the punishment
22 provided for such crime, be sentenced to a consecutive term of
23 imprisonment which shall be not less than five years and not
24 more than 20 years.
25 (d) Sentence upon fourth conviction.--Any person who after
26 having been convicted within or without this Commonwealth of any
27 crime when armed with a weapon shall, upon conviction of such
28 crime for a fourth offense, in addition to the punishment
29 provided for such crime, be sentenced to a consecutive term of
30 imprisonment which shall be not less than ten years and not more
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1 than his natural life.
2 (e) Accusation of previous convictions; procedure.--If at
3 any time before trial or plea, it shall appear that the accused
4 has previously been convicted of a crime under the circumstances
5 set forth in subsection (b),(c) or (d), it shall be the duty of
6 the district attorney of the county in which the trial or plea
7 is to be held to notify the accused prior to trial or plea of
8 the intention to file the petition accusing the said person of
9 such previous conviction. Upon the conviction of the accused in
10 the instant case and prior to sentencing, the district attorney
11 shall proceed to file a petition with the court where the
12 instant conviction took place accusing the said person of such
13 previous conviction and serve a copy of the petition upon the
14 defendant and his counsel. Thereupon, the court shall cause the
15 person to be brought before it and shall inform him of the
16 allegations contained in such petition and of his right to be
17 tried as to the truth thereof according to law. Where conviction
18 of the instant offense is by plea of guilty or trial by court,
19 and the defendant does not waive a jury determination of the
20 issue of previous conviction, a jury shall be empaneled for this
21 purpose. Otherwise, the jury which heard the instant case shall
22 also determine the issue of previous conviction, unless waived.
23 If it is found, that he is the same person, or if he
24 acknowledges or confesses in open court, after being duly
25 cautioned as to his rights, that he is the same person, the
26 court may sentence him in accordance with subsection (b),(c) or
27 (d). Such sentence shall be reviewable on appeal, not only as to
28 the alleged legal errors but also as to the justice thereof.
29 (f) Formal indictment and conviction unnecessary.--A person
30 need not be formally indicted and convicted as a previous
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1 offender in order to be sentenced under this section.
2 (g) Defendant to serve minimum.--A defendant sentenced under
3 the provisions of this section shall not be eligible for parole,
4 furlough, work, school or sports relief until the minimum
5 sentence imposed under the provisions of this section has been
6 served.
7 (h) Definition of weapon.--As used in section "weapon" means
8 anything readily capable of lethal use and possessed under
9 circumstances not manifestly appropriate for lawful uses which
10 it may have; the term includes a firearm which is not loaded or
11 lacks a clip or other component to render it immediately
12 operable, and components which can readily be assembled into a
13 weapon.
14 Section 3. This act shall take effect in 60 days.
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