PRINTER'S NO. 319

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 299 Session of 1979


        INTRODUCED BY D. S. HAYES, PERZEL, ZORD, GIAMMARCO, HELFRICK,
           BROWN, MRKONIC, GAMBLE, WILSON, HASAY, MACKOWSKI, POTT,
           GALLEN, E. G. JOHNSON, WEIDNER, LEHR, BURD, CIMINI, NOYE,
           ALDEN, PRATT, BOWSER, REED, RYAN, SCHMITT, MULLEN,
           CALTAGIRONE, SALVATORE AND E. Z. TAYLOR, FEBRUARY 13, 1979

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 1979

                                     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.  Chapter 13 of Title 18, act of November 25, 1970
     7  (P.L.707, No.230), known as the Pennsylvania Consolidated
     8  Statutes, is amended by adding a subchapter to read:
     9                            SUBCHAPTER H
    10             MANDATORY SENTENCES FOR CERTAIN OFFENDERS
    11  Sec.
    12  1391.  Crimes of violence against the elderly.
    13  1392.  Defendant to serve minimum sentence.
    14  § 1391.  Crime of violence against the elderly.
    15     Whoever shall have been convicted of a crime of violence as
    16  defined in section 6102 (relating to definitions) or shall have
    17  pled guilty or nolo contendere to such a crime of violence,

     1  where the victim was a person 62 years of age or older shall be
     2  sentenced to imprisonment for a term the maximum of which shall
     3  be the longest term prescribed by law for the specific crime
     4  committed and the minimum of which shall be no less than one-
     5  half the maximum.
     6  § 1392.  Defendant to serve minimum sentence.
     7     When the sentence authorized by this subchapter has been
     8  imposed, the sentence thereby imposed shall not be suspended nor
     9  shall the execution of such sentence be suspended. The defendant
    10  shall not be granted probation or be eligible for parole or
    11  furlough or receive any reduction in his sentence for good
    12  behavior until after the full minimum as provided in this
    13  subchapter has been served.
    14     Section 2.  This act shall take effect in 60 days and shall
    15  apply to all crimes committed thereafter.










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