PRINTER'S NO. 297
No. 264 Session of 1983
INTRODUCED BY FLICK, FARGO, BUNT, CIMINI, POTT, ANGSTADT, VROON, GRIECO, PERZEL, BELARDI, BLAUM, F. E. TAYLOR, BOWSER, DALEY, RYBAK, PRATT, KOSINSKI, REINARD, GRUPPO, COHEN, MERRY, MICOZZIE, ARTY, LEHR, JOHNSON, RYAN, HAYES, SCHULER, HERSHEY, WASS, SPITZ, DURHAM, CIVERA, CLYMER, FREIND, E. Z. TAYLOR, PITTS AND R. C. WRIGHT, FEBRUARY 16, 1983
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 16, 1983
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for minimum 3 terms for aggravated assault, rape and involuntary deviate 4 sexual intercourse committed against persons suffering from a 5 severe physical handicap. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Title 42 of the Pennsylvania Consolidated 9 Statutes is amended by adding a section to read: 10 § 9719. Sentences for offenses against handicapped persons. 11 (a) Mandatory sentence.--A person convicted of the following 12 offenses shall be sentenced to a mandatory minimum sentence of 13 total confinement as follows if said person knew or had reason 14 to believe that the victim was suffering from a severe physical 15 handicap at the time the offense was committed: 16 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated 17 assault) - not less than two years.
1 18 Pa.C.S. § 3121 (relating to rape) - not less than five 2 years. 3 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual 4 intercourse) - not less than five years. 5 (b) Eligibility for parole.--Parole shall not be granted 6 until the minimum term of imprisonment has been served. 7 (c) Definition.--As used in this section the term "severe 8 physical handicap" means one or more of the following 9 conditions: blindness, confinement to a wheelchair, amputation 10 of one or more limbs, a paraplegic condition or a quadriplegic 11 condition. 12 (d) Proof at sentencing.--Provisions of this section shall 13 not be an element of the crime and notice thereof to the 14 defendant shall not be required prior to conviction, but 15 reasonable notice of the Commonwealth's intention to proceed 16 under this section shall be provided after conviction and before 17 sentencing. The applicability of this section shall be 18 determined at sentencing. The court shall consider any evidence 19 presented at trial and shall afford the Commonwealth, and the 20 defendant an opportunity to present any necessary additional 21 evidence and shall determine, by a preponderance of the 22 evidence, if this section is applicable. 23 (e) Authority of court in sentencing.--There shall be no 24 authority in any court to impose on an offender to which this 25 section is applicable any lesser sentence than provided for in 26 subsection (a) or to place such offender on probation or to 27 suspend sentence. Nothing in this section shall prevent the 28 sentencing court from imposing a sentence greater than that 29 provided in this section. Sentencing guidelines promulgated by 30 the Pennsylvania Commission on Sentencing shall not supersede 19830H0264B0297 - 2 -
1 the mandatory sentences provided in this section. 2 (f) Appeal by Commonwealth.--If a sentencing court refuses 3 to apply this section where applicable, the Commonwealth shall 4 have the right to appellate review of the action of the 5 sentencing court. The appellate court shall vacate the sentence 6 and remand the case to the sentencing court for imposition of a 7 sentence in accordance with this section if it finds that the 8 sentence was imposed in violation of this section. 9 Section 2. This act shall take effect in 60 days. B1L42JS/19830H0264B0297 - 3 -