PRIOR PRINTER'S NO. 2872 PRINTER'S NO. 4231
No. 2313 Session of 1993
INTRODUCED BY RUDY, CALTAGIRONE, DeLUCA, DALEY, FARMER,
YANDRISEVITS, KENNEY, STISH, LUCYK, MELIO, SURRA, LAUGHLIN,
STABACK, ACOSTA, GIGLIOTTI, HERSHEY, ROBERTS, KELLER, ARGALL,
B. SMITH, SAYLOR, WAUGH, STAIRS, PLATTS, NICKOL, ALLEN, DENT,
ULIANA, CAWLEY, PHILLIPS, McCALL, SAURMAN, E. Z. TAYLOR,
J. TAYLOR, STEELMAN, WOZNIAK, GEIST, TRELLO, TULLI, MUNDY,
PITTS, LEH, PETRARCA, TOMLINSON, CIVERA, GERLACH, SERAFINI,
BELFANTI, EGOLF, DRUCE, MARSICO, CORNELL, RAYMOND, BUXTON,
FLICK, CAPPABIANCA AND BURNS, NOVEMBER 24, 1993
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 1994
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, providing for mandatory
3 sentencing for persistent offenders.
4 AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 42 (JUDICIARY AND <--
5 JUDICIAL PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED
6 STATUTES, FURTHER PROVIDING FOR THE SENTENCING OF REPEAT
7 VIOLENT OFFENDERS, REPEAT VIOLENT OFFENDERS WHO HAVE BEEN
8 IDENTIFIED AS HIGH RISK DANGEROUS OFFENDERS AND OTHER SERIOUS
9 VIOLENT OFFENDERS.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Title 42 of the Pennsylvania Consolidated <--
13 Statutes is amended by adding a section to read:
14 § 9714.1. Life imprisonment for persistent offenders.
15 (a) General rule.--Notwithstanding any other provision of
16 law to the contrary, a persistent offender shall be sentenced to
17 a term of total confinement for life without the possibility of
1 parole.
2 (b) Sentence for murder of the first degree.--If a
3 persistent offender is subject to the provisions of section 9711
4 (relating to sentencing procedure for murder of the first
5 degree) and the jury returns a sentencing verdict of death, the
6 persistent offender shall be sentenced under section 9711 and
7 subsection (a) shall not apply.
8 (c) Proof at sentencing.--Provisions of this section shall
9 not be an element of the crime, and notice thereof to the
10 persistent offender shall not be required prior to conviction,
11 but reasonable notice of the Commonwealth's intention to proceed
12 under this section shall be provided after conviction and before
13 sentencing. The applicability of this section shall be
14 determined at sentencing. The sentencing court, prior to
15 imposing sentence on a persistent offender under subsection (a),
16 shall have a complete record of the previous convictions of the
17 persistent offender, copies of which shall be furnished to the
18 persistent offender. If the persistent offender or the attorney
19 for the Commonwealth contests the accuracy of the record, the
20 court shall schedule a hearing and direct the persistent
21 offender and the attorney for the Commonwealth to submit
22 evidence regarding the previous convictions of the persistent
23 offender. The court shall then determine, by a preponderance of
24 the evidence, the previous convictions of the persistent
25 offender and, if this section is applicable, shall impose
26 sentence in accordance with this section. Should a previous
27 conviction be vacated and an acquittal or final discharge
28 entered subsequent to imposition of sentence under this section,
29 the persistent offender shall have the right to petition the
30 sentencing court for reconsideration of sentence if this section
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1 would not have been applicable except for the conviction which
2 was vacated.
3 (d) Authority of court in sentencing.--There shall be no
4 authority in any court to impose on a persistent offender to
5 which this section is applicable any lesser sentence than
6 provided for in subsection (a) or to place a persistent offender
7 on probation or to suspend sentence. Sentencing guidelines
8 promulgated by the Pennsylvania Commission on Sentencing shall
9 not supersede the mandatory sentences provided in this section.
10 (e) Appeal by Commonwealth.--If a sentencing court shall
11 refuse to apply this section where applicable, the Commonwealth
12 shall have the right to appellate review of the action of the
13 sentencing court. The appellate court shall vacate the sentence
14 and remand the case to the sentencing court for the imposition
15 of a sentence in accordance with this section if it finds that
16 the sentence was imposed in violation of this section.
17 (f) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Conviction." A finding of guilty by a jury, a finding or
21 adjudication of guilt by a judge or entry and acceptance of a
22 plea of guilty, whether or not judgment of sentence has been
23 imposed or litigation is pending concerning the conviction.
24 "Most serious offense." Any of the following offenses or an
25 attempt to commit any of the following crimes:
26 (1) Under Title 18:
27 Section 2502 (relating to murder).
28 Section 2503 (relating to voluntary manslaughter).
29 Section 2506 (relating to drug delivery resulting in
30 death).
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1 Section 2702 (relating to aggravated assault).
2 Section 2703 (relating to assault by prisoner).
3 Section 2901 (relating to kidnapping).
4 Section 3121 (relating to rape).
5 Section 3122 (relating to statutory rape).
6 Section 3123 (relating to involuntary deviate sexual
7 intercourse).
8 Section 3125 (relating to aggravated indecent
9 assault).
10 Section 3301 (relating to arson and related
11 offenses).
12 Section 3302 (relating to causing or risking
13 catastrophe).
14 Section 3502 (relating to burglary).
15 Section 3701 (relating to robbery).
16 Section 4952 (relating to intimidation of witnesses
17 or victims) where the offense is accomplished by any of
18 the means specified in section 4952(b)(1) through (5).
19 Section 5121 (relating to escape) where the offense
20 constitutes a felony of the third degree.
21 Section 5501 (relating to riot).
22 Section 5902 (relating to prostitution and related
23 offenses) where the offense constitutes a felony.
24 Section 6312 (relating to sexual abuse of children).
25 (2) Under Title 75:
26 Section 3735 (relating to homicide by vehicle while
27 driving under influence).
28 (3) Any offense set forth in section 13(a) of the act of
29 April 14, 1972 (P.L.233, No.64), known as The Controlled
30 Substance, Drug, Device and Cosmetic Act, classified as a
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1 felony.
2 (4) A crime under Federal law or the laws of another
3 state that is comparable to the crimes enumerated in
4 paragraph (1), (2) or (3).
5 (5) Criminal conspiracy or criminal solicitation
6 involving any crime enumerated in paragraph (1), (3) or (4).
7 "Persistent offender." A person who:
8 (1) has been convicted in this Commonwealth of a most
9 serious offense; and
10 (2) prior to the conviction described in paragraph (1),
11 has been convicted on at least two separate occasions,
12 whether in this Commonwealth or in another jurisdiction, of
13 most serious offenses, where of the two or more previous
14 convictions at least one conviction occurred before the
15 commission of any of the other most serious offenses for
16 which the person was previously convicted.
17 Section 2. The addition of 42 Pa.C.S. § 9714.1 shall apply
18 to offenses committed after the effective date of this act.
19 Section 3. This act shall take effect in 60 days.
20 SECTION 1. SECTIONS 905(A), 1102 AND 1103 OF TITLE 18 OF THE <--
21 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
22 § 905. GRADING OF CRIMINAL ATTEMPT, SOLICITATION AND
23 CONSPIRACY.
24 (A) GRADING.--EXCEPT AS OTHERWISE PROVIDED IN THIS [SECTION]
25 TITLE, ATTEMPT, SOLICITATION AND CONSPIRACY ARE CRIMES OF THE
26 SAME GRADE AND DEGREE AS THE MOST SERIOUS OFFENSE WHICH IS
27 ATTEMPTED OR SOLICITED OR IS AN OBJECT OF THE CONSPIRACY. [AN
28 ATTEMPT, SOLICITATION OR CONSPIRACY TO COMMIT MURDER OR A FELONY
29 OF THE FIRST DEGREE IS A FELONY OF THE SECOND DEGREE.]
30 * * *
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1 § 1102. SENTENCE FOR MURDER AND ATTEMPT, CONSPIRACY OR
2 SOLICITATION TO COMMIT MURDER.
3 (A) MURDER OF THE FIRST DEGREE.--A PERSON WHO HAS BEEN
4 CONVICTED OF A MURDER OF THE FIRST DEGREE SHALL BE SENTENCED TO
5 DEATH OR TO A TERM OF LIFE IMPRISONMENT IN ACCORDANCE WITH
6 [SECTION 1311(D) OF THIS TITLE] 42 PA.C.S. § 9711 (RELATING TO
7 SENTENCING PROCEDURE FOR MURDER OF THE FIRST DEGREE).
8 (B) MURDER OF THE SECOND DEGREE.--A PERSON WHO HAS BEEN
9 CONVICTED OF MURDER OF THE SECOND DEGREE SHALL BE SENTENCED TO A
10 TERM OF LIFE IMPRISONMENT.
11 (C) MURDER OF THE THIRD DEGREE.--A PERSON WHO HAS BEEN
12 CONVICTED OF MURDER OF THE THIRD DEGREE MAY BE SENTENCED TO A
13 TERM OF IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT
14 MORE THAN 40 YEARS.
15 (D) ATTEMPT, CONSPIRACY AND SOLICITATION TO COMMIT MURDER.--
16 NOTWITHSTANDING SECTION 1103(1) (RELATING TO SENTENCE OF
17 IMPRISONMENT FOR FELONY), A PERSON WHO HAS BEEN CONVICTED OF
18 ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT MURDER, WHERE
19 SERIOUS BODILY INJURY RESULTS, MAY BE SENTENCED TO A TERM OF
20 IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE THAN
21 40 YEARS. WHERE SERIOUS BODILY INJURY DOES NOT RESULT, THE
22 PERSON MAY BE SENTENCED TO A TERM OF IMPRISONMENT WHICH SHALL BE
23 FIXED BY THE COURT AT NOT MORE THAN 20 YEARS.
24 § 1103. SENTENCE OF IMPRISONMENT FOR FELONY.
25 [A] EXCEPT AS PROVIDED IN SECTION 1102 (RELATING TO SENTENCE
26 FOR MURDER AND ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT
27 MURDER), AND 42 PA.C.S. § 9714 (RELATING TO SENTENCES FOR SECOND
28 AND SUBSEQUENT OFFENSES), A PERSON WHO HAS BEEN CONVICTED OF A
29 FELONY MAY BE SENTENCED TO IMPRISONMENT AS FOLLOWS:
30 (1) IN THE CASE OF A FELONY OF THE FIRST DEGREE, FOR A
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1 TERM WHICH SHALL BE FIXED BY THE COURT AT NOT MORE THAN 20
2 YEARS.
3 (2) IN THE CASE OF A FELONY OF THE SECOND DEGREE, FOR A
4 TERM WHICH SHALL BE FIXED BY THE COURT AT NOT MORE THAN TEN
5 YEARS.
6 (3) IN THE CASE OF A FELONY OF THE THIRD DEGREE, FOR A
7 TERM WHICH SHALL BE FIXED BY THE COURT AT NOT MORE THAN SEVEN
8 YEARS.
9 SECTION 2. SECTIONS 9712(A), 9713(A), 9714, 9717 AND 9718 OF
10 TITLE 42 ARE AMENDED TO READ:
11 § 9712. SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS.
12 (A) MANDATORY SENTENCE.--[ANY] EXCEPT AS PROVIDED IN SECTION
13 9716 (RELATING TO TWO OR MORE MANDATORY MINIMUM SENTENCES
14 APPLICABLE), ANY PERSON WHO IS CONVICTED IN ANY COURT OF THIS
15 COMMONWEALTH OF MURDER OF THE THIRD DEGREE, VOLUNTARY
16 MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE,
17 ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I), (II) OR (III)
18 (RELATING TO ROBBERY), ROBBERY OF A MOTOR VEHICLE, AGGRAVATED
19 ASSAULT AS DEFINED IN 18 PA.C.S. § 2702(A)(1) (RELATING TO
20 AGGRAVATED ASSAULT) OR KIDNAPPING, OR WHO IS CONVICTED OF
21 ATTEMPT TO COMMIT ANY OF THESE CRIMES, SHALL, IF THE PERSON
22 VISIBLY POSSESSED A FIREARM DURING THE COMMISSION OF THE
23 OFFENSE, BE SENTENCED TO A MINIMUM SENTENCE OF AT LEAST FIVE
24 YEARS OF TOTAL CONFINEMENT NOTWITHSTANDING ANY OTHER PROVISION
25 OF THIS TITLE OR OTHER STATUTE TO THE CONTRARY.
26 * * *
27 § 9713. SENTENCES FOR OFFENSES COMMITTED ON PUBLIC
28 TRANSPORTATION.
29 (A) MANDATORY SENTENCE.--[ANY] EXCEPT AS PROVIDED IN SECTION
30 9716 (RELATING TO TWO OR MORE MANDATORY MINIMUM SENTENCES
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1 APPLICABLE), ANY PERSON WHO IS CONVICTED IN ANY COURT OF THIS
2 COMMONWEALTH OF MURDER OF THE THIRD DEGREE, VOLUNTARY
3 MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE,
4 ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I), (II) OR (III)
5 (RELATING TO ROBBERY), ROBBERY OF A MOTOR VEHICLE, ARSON AS
6 DEFINED IN 18 PA.C.S. § 3301(A) (RELATING TO ARSON AND RELATED
7 OFFENSES), KIDNAPPING OR AGGRAVATED ASSAULT AS DEFINED IN 18
8 PA.C.S. § 2702(A)(1) (RELATING TO AGGRAVATED ASSAULT), OR WHO IS
9 CONVICTED OF ATTEMPT TO COMMIT ANY OF THESE CRIMES, SHALL BE
10 SENTENCED TO A MINIMUM SENTENCE OF AT LEAST FIVE YEARS OF TOTAL
11 CONFINEMENT IF THE CRIME OCCURS IN OR NEAR PUBLIC TRANSPORTATION
12 AS DEFINED IN SUBSECTION (B), NOTWITHSTANDING ANY OTHER
13 PROVISION OF THIS TITLE OR OTHER STATUTE TO THE CONTRARY.
14 * * *
15 § 9714. SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES.
16 (A) MANDATORY SENTENCE.--ANY PERSON WHO IS CONVICTED IN ANY
17 COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE,
18 VOLUNTARY MANSLAUGHTER, AGGRAVATED ASSAULT AS DEFINED IN 18
19 PA.C.S. § 2702(A)(1) OR (2) (RELATING TO AGGRAVATED ASSAULT),
20 RAPE, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE, ARSON AS DEFINED
21 IN 18 PA.C.S. § 3301(A) (RELATING TO ARSON AND RELATED
22 OFFENSES), KIDNAPPING [OR], BURGLARY OF AN OCCUPIED DWELLING,
23 ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I), (II) OR (III)
24 (RELATING TO ROBBERY), ROBBERY OF A MOTOR VEHICLE, OR CRIMINAL
25 ATTEMPT, CRIMINAL CONSPIRACY OR CRIMINAL SOLICITATION TO COMMIT
26 ANY OF THESE CRIMES OR TO COMMIT FIRST DEGREE MURDER AND WHO HAS
27 BEEN IDENTIFIED BY THE SENTENCING COURT AS A HIGH RISK DANGEROUS
28 OFFENDER, [OR WHO IS CONVICTED OF AGGRAVATED ASSAULT IN WHICH
29 THE OFFENDER INTENTIONALLY, KNOWINGLY OR RECKLESSLY CAUSES
30 SERIOUS BODILY INJURY TO ANOTHER UNDER CIRCUMSTANCES MANIFESTING
19930H2313B4231 - 8 -
1 EXTREME INDIFFERENCE TO THE VALUE OF HUMAN LIFE, SHALL, IF THEY
2 HAVE] SHALL, IF AT THE TIME OF THE COMMISSION OF THE CURRENT
3 OFFENSE THE PERSON HAD PREVIOUSLY BEEN CONVICTED OF OR
4 ADJUDICATED DELINQUENT FOR A CRIME OF VIOLENCE AS SPECIFIED IN
5 SUBSECTION [(B)] (C), BE SENTENCED TO A MINIMUM SENTENCE OF AT
6 LEAST [FIVE] TEN YEARS OF TOTAL CONFINEMENT NOTWITHSTANDING ANY
7 OTHER PROVISION OF THIS TITLE OR OTHER STATUTE TO THE CONTRARY.
8 WHERE THE OFFENDER, WHO HAS BEEN IDENTIFIED BY THE SENTENCING
9 COURT AS A HIGH RISK DANGEROUS OFFENDER, HAD, AT THE TIME OF THE
10 COMMISSION OF THE CURRENT OFFENSE, PREVIOUSLY BEEN CONVICTED OF
11 OR ADJUDICATED DELINQUENT OF TWO OR MORE SUCH CRIMES OF VIOLENCE
12 ARISING FROM SEPARATE CRIMINAL EPISODES, THE OFFENDER SHALL BE
13 SENTENCED TO A MINIMUM SENTENCE OF AT LEAST 20 YEARS OF TOTAL
14 CONFINEMENT NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR
15 OTHER STATUTE TO THE CONTRARY.
16 (B) MANDATORY MAXIMUM.--AN OFFENDER SENTENCED TO A MANDATORY
17 MINIMUM SENTENCE PURSUANT TO THIS SECTION SHALL BE SENTENCED TO
18 A MAXIMUM SENTENCE EQUAL TO TWICE THE MANDATORY MINIMUM
19 SENTENCE, NOTWITHSTANDING 18 PA.C.S. § 1103 (RELATING TO
20 SENTENCE OF IMPRISONMENT FOR FELONY) OR ANY OTHER PROVISION OF
21 THIS TITLE OR OTHER STATUTE TO THE CONTRARY.
22 [(B)] (C) PRIOR CONVICTIONS OR ADJUDICATIONS OF DELINQUENCY
23 FOR CRIMES OF VIOLENCE.--
24 (1) FOR THE PURPOSES OF SUBSECTION (A), AN OFFENDER
25 SHALL BE DEEMED TO HAVE PRIOR CONVICTIONS OR ADJUDICATIONS OF
26 DELINQUENCY FOR CRIMES OF VIOLENCE IF [BOTH OF THE FOLLOWING
27 CONDITIONS HOLD:
28 (1) THE] THE OFFENDER WAS PREVIOUSLY CONVICTED OR
29 ADJUDICATED DELINQUENT IN THIS COMMONWEALTH OR ANY OTHER
30 STATE OR THE DISTRICT OF COLUMBIA OR IN ANY FEDERAL COURT OF
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1 MURDER, VOLUNTARY MANSLAUGHTER, AGGRAVATED ASSAULT AS DEFINED
2 IN 18 PA.C.S. § 2702(A)(1) OR (2), RAPE, INVOLUNTARY DEVIATE
3 SEXUAL INTERCOURSE, ROBBERY AS DEFINED IN 18 PA.C.S. §
4 3701(A)(1)(I), (II) OR (III), ROBBERY OF A MOTOR VEHICLE,
5 ARSON AS DEFINED IN 18 PA.C.S. § 3301(A), KIDNAPPING [OR
6 AGGRAVATED ASSAULT IN WHICH THE OFFENDER INTENTIONALLY,
7 KNOWINGLY OR RECKLESSLY CAUSES SERIOUS BODILY INJURY TO
8 ANOTHER UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE
9 TO THE VALUE OF HUMAN LIFE], BURGLARY OF AN OCCUPIED
10 DWELLING, OR CRIMINAL ATTEMPT, CRIMINAL CONSPIRACY OR
11 CRIMINAL SOLICITATION TO COMMIT ANY OF THESE CRIMES OR TO
12 COMMIT FIRST DEGREE MURDER, AN EQUIVALENT CRIME UNDER THE
13 LAWS OF THE COMMONWEALTH IN EFFECT PRIOR TO THE EFFECTIVE
14 DATE OF TITLE 18 (RELATING TO CRIMES AND OFFENSES) OR AN
15 EQUIVALENT CRIME IN ANOTHER JURISDICTION.
16 (2) THE PREVIOUS CONVICTION OR ADJUDICATION OF
17 DELINQUENCY NEED NOT BE FOR THE SAME CRIME AS THE INSTANT
18 OFFENSE FOR THIS SECTION TO BE APPLICABLE.
19 [(2) THE PREVIOUS CONVICTION OCCURRED WITHIN SEVEN YEARS
20 OF THE DATE OF THE COMMISSION OF THE INSTANT OFFENSE, EXCEPT
21 THAT ANY TIME DURING WHICH THE OFFENDER WAS INCARCERATED IN
22 ANY PENITENTIARY, PRISON OR OTHER PLACE OF DETENTION SHALL
23 NOT BE CONSIDERED IN COMPUTING THE RELEVANT SEVEN-YEAR
24 PERIOD.]
25 (3) CONVICTIONS FOR OTHER OFFENSES ARISING FROM THE SAME
26 CRIMINAL EPISODE AS THE INSTANT OFFENSE SHALL NOT BE
27 CONSIDERED PREVIOUS CONVICTIONS FOR THE PURPOSE OF THIS
28 SECTION.
29 (4) FOR PURPOSES OF THIS SECTION [PREVIOUS CONVICTION],
30 THE TERM "PREVIOUS CONVICTION OR ADJUDICATION OF DELINQUENCY"
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1 SHALL INCLUDE ANY CONVICTION, WHETHER OR NOT JUDGMENT OF
2 SENTENCE HAS BEEN IMPOSED OR LITIGATION IS PENDING CONCERNING
3 THAT CONVICTION[.] OR ANY ADJUDICATION OF DELINQUENCY,
4 WHETHER OR NOT A FINAL DISPOSITION ORDER HAS BEEN ENTERED OR
5 LITIGATION IS PENDING CONCERNING THAT ADJUDICATION.
6 (5) FOR PURPOSES OF THIS SECTION, ADJUDICATIONS OF
7 DELINQUENCY FOR OFFENSES COMMITTED BEFORE THE OFFENDER'S 15TH
8 BIRTHDAY SHALL NOT QUALIFY AS A PRIOR ADJUDICATION OF
9 DELINQUENCY.
10 [(C)] (D) PROOF AT SENTENCING.--PROVISIONS OF THIS SECTION
11 SHALL NOT BE AN ELEMENT OF THE CRIME AND NOTICE THEREOF TO THE
12 DEFENDANT SHALL NOT BE REQUIRED PRIOR TO CONVICTION, BUT
13 REASONABLE NOTICE OF THE COMMONWEALTH'S INTENTION TO PROCEED
14 UNDER THIS SECTION SHALL BE PROVIDED AFTER CONVICTION AND BEFORE
15 SENTENCING. THE APPLICABILITY OF THIS SECTION SHALL BE
16 DETERMINED AT SENTENCING. THE SENTENCING COURT, PRIOR TO
17 IMPOSING SENTENCE ON AN OFFENDER UNDER [SUBSECTION (A)]
18 SUBSECTIONS (A) AND (B), SHALL HAVE A COMPLETE RECORD OF THE
19 PREVIOUS CONVICTIONS AND ADJUDICATIONS OF DELINQUENCY OF THE
20 OFFENDER, COPIES OF WHICH SHALL BE FURNISHED TO THE OFFENDER. IF
21 THE OFFENDER OR THE ATTORNEY FOR THE COMMONWEALTH CONTESTS THE
22 ACCURACY OF THE RECORD, THE COURT SHALL SCHEDULE A HEARING AND
23 DIRECT THE OFFENDER AND THE ATTORNEY FOR THE COMMONWEALTH TO
24 SUBMIT EVIDENCE REGARDING THE PREVIOUS CONVICTIONS AND
25 ADJUDICATIONS OF DELINQUENCY OF THE OFFENDER. THE COURT SHALL
26 THEN DETERMINE, BY A PREPONDERANCE OF THE EVIDENCE, THE PREVIOUS
27 CONVICTIONS AND ADJUDICATIONS OF DELINQUENCY OF THE OFFENDER
28 AND, IF THIS SECTION IS APPLICABLE, SHALL IMPOSE SENTENCE IN
29 ACCORDANCE WITH THIS SECTION. SHOULD A PREVIOUS CONVICTION OR
30 ADJUDICATION OF DELINQUENCY BE VACATED AND AN ACQUITTAL OR FINAL
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1 DISCHARGE ENTERED SUBSEQUENT TO IMPOSITION OF SENTENCE UNDER
2 THIS SECTION, THE OFFENDER SHALL HAVE THE RIGHT TO PETITION THE
3 SENTENCING COURT FOR RECONSIDERATION OF SENTENCE IF THIS SECTION
4 WOULD NOT HAVE BEEN APPLICABLE EXCEPT FOR THE CONVICTION OR
5 ADJUDICATION WHICH WAS VACATED.
6 [(D)] (E) AUTHORITY OF COURT IN SENTENCING.--THERE SHALL BE
7 NO AUTHORITY IN ANY COURT TO IMPOSE ON AN OFFENDER TO WHICH THIS
8 SECTION IS APPLICABLE ANY LESSER SENTENCE THAN PROVIDED FOR IN
9 [SUBSECTION (A)] SUBSECTIONS (A) AND (B) OR TO PLACE SUCH
10 OFFENDER ON PROBATION OR TO SUSPEND SENTENCE. NOTHING IN THIS
11 SECTION SHALL PREVENT THE SENTENCING COURT FROM IMPOSING A
12 SENTENCE GREATER THAN THAT PROVIDED IN THIS SECTION. SENTENCING
13 GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION ON
14 SENTENCING SHALL NOT SUPERSEDE THE MANDATORY SENTENCES PROVIDED
15 IN THIS SECTION.
16 [(E)] (F) APPEAL BY COMMONWEALTH.--IF A SENTENCING COURT
17 SHALL REFUSE TO APPLY THIS SECTION WHERE APPLICABLE, THE
18 COMMONWEALTH SHALL HAVE THE RIGHT TO APPELLATE REVIEW OF THE
19 ACTION OF THE SENTENCING COURT. THE APPELLATE COURT SHALL VACATE
20 THE SENTENCE AND REMAND THE CASE TO THE SENTENCING COURT FOR THE
21 IMPOSITION OF A SENTENCE IN ACCORDANCE WITH THIS SECTION IF IT
22 FINDS THAT THE SENTENCE WAS IMPOSED IN VIOLATION OF THIS
23 SECTION.
24 § 9717. SENTENCES FOR OFFENSES AGAINST ELDERLY PERSONS.
25 (A) MANDATORY SENTENCE.--[A] EXCEPT AS PROVIDED IN SECTION
26 9716 (RELATING TO TWO OR MORE MANDATORY MINIMUM SENTENCES
27 APPLICABLE), A PERSON UNDER 60 YEARS OF AGE CONVICTED OF THE
28 FOLLOWING OFFENSES WHEN THE VICTIM IS OVER 60 YEARS OF AGE AND
29 NOT A POLICE OFFICER SHALL BE SENTENCED TO A MANDATORY TERM OF
30 IMPRISONMENT AS FOLLOWS:
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1 18 PA.C.S. § 2702(A)(1) AND (4) (RELATING TO AGGRAVATED
2 ASSAULT) - NOT LESS THAN TWO YEARS.
3 18 PA.C.S. § 3121 (RELATING TO RAPE) - NOT LESS THAN FIVE
4 YEARS.
5 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
6 INTERCOURSE) - NOT LESS THAN FIVE YEARS.
7 18 PA.C.S. § 3922 (RELATING TO THEFT BY DECEPTION) - NOT
8 LESS THAN 12 MONTHS, BUT THE IMPOSITION OF THE MINIMUM
9 SENTENCE SHALL BE DISCRETIONARY WITH THE COURT WHERE THE
10 COURT FINDS JUSTIFIABLE CAUSE AND THAT FINDING IS WRITTEN IN
11 THE OPINION.
12 (B) ELIGIBILITY FOR PAROLE.--PAROLE SHALL NOT BE GRANTED
13 UNTIL THE MINIMUM TERM OF IMPRISONMENT HAS BEEN SERVED.
14 § 9718. SENTENCES FOR OFFENSES AGAINST INFANT PERSONS.
15 (A) MANDATORY SENTENCE.--[A] EXCEPT AS PROVIDED IN SECTION
16 9716 (RELATING TO TWO OR MORE MANDATORY MINIMUM SENTENCES
17 APPLICABLE), A PERSON CONVICTED OF THE FOLLOWING OFFENSES WHEN
18 THE VICTIM IS UNDER 16 YEARS OF AGE SHALL BE SENTENCED TO A
19 MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
20 18 PA.C.S. § 2702(A)(1) AND (4) (RELATING TO AGGRAVATED
21 ASSAULT) - NOT LESS THAN TWO YEARS.
22 18 PA.C.S. § 3121 (RELATING TO RAPE) - NOT LESS THAN FIVE
23 YEARS.
24 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
25 INTERCOURSE) - NOT LESS THAN FIVE YEARS.
26 (B) ELIGIBILITY FOR PAROLE.--PAROLE SHALL NOT BE GRANTED
27 UNTIL THE MINIMUM TERM OF IMPRISONMENT HAS BEEN SERVED.
28 SECTION 3. SECTION 9721 OF TITLE 42 IS AMENDED BY ADDING
29 SUBSECTIONS TO READ:
30 § 9721. SENTENCING GENERALLY.
19930H2313B4231 - 13 -
1 * * *
2 (F) HIGH RISK DANGEROUS OFFENDERS.--WHEN IMPOSING A SENTENCE
3 OF TOTAL CONFINEMENT, THE COURT SHALL DETERMINE WHETHER THE
4 DEFENDANT IS A HIGH RISK DANGEROUS OFFENDER. IN THE EVENT THAT A
5 COURT HAS PREVIOUSLY DETERMINED THAT AN OFFENDER WAS A HIGH RISK
6 DANGEROUS OFFENDER, THAT DETERMINATION SHALL REMAIN IN EFFECT.
7 (G) DETERMINING HIGH RISK DANGEROUS OFFENDERS.--WHEN THE
8 SENTENCING COURT FINDS THAT THE DEFENDANT POSSESSES MORE THAN
9 ONE OF THE FOLLOWING AGGRAVATING FACTORS AND THE DEFENDANT IS
10 CONVICTED OF SOLICITATION OR CONSPIRACY TO COMMIT MURDER WHICH
11 RESULTS IN SERIOUS BODILY INJURY, MURDER OF THE THIRD DEGREE,
12 VOLUNTARY MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE SEXUAL
13 INTERCOURSE, ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I),
14 (II) OR (III) (RELATING TO ROBBERY), ROBBERY OF A MOTOR VEHICLE,
15 AGGRAVATED ASSAULT AS DEFINED IN 18 PA.C.S. § 2702 (RELATING TO
16 AGGRAVATED ASSAULT) OR KIDNAPPING, OR WHO IS CONVICTED OF
17 ATTEMPT TO COMMIT ANY OF THESE CRIMES, THE DEFENDANT SHALL BE
18 DETERMINED TO BE A HIGH RISK DANGEROUS OFFENDER WHO POSES A
19 SERIOUS THREAT TO PUBLIC SAFETY IF:
20 (1) THE OFFENDER HAD A PRIOR JUVENILE OFFENSE COMMITTED
21 BEFORE THE AGE OF 14 AND THE OFFENDER IS CURRENTLY UNDER THE
22 AGE OF 35.
23 (2) THE OFFENDER HAS A HISTORY OF DRUG OR ALCOHOL
24 DEPENDENCY.
25 (3) THE OFFENDER WAS UNDER THE INFLUENCE OF DRUGS OR
26 ALCOHOL AT THE TIME OF THE OFFENSE.
27 (4) THE CURRENT OFFENSE INVOLVED MULTIPLE VICTIMS
28 ARISING FROM SEPARATE CRIMINAL EPISODES.
29 (5) THE CURRENT OFFENSE INVOLVED A VICTIM WHO WAS A
30 STRANGER.
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1 (6) THE CURRENT OFFENSE INVOLVED THE USE OF A DEADLY
2 WEAPON.
3 (7) THE OFFENSE INCLUDED ATTEMPTED OR ACTUAL SEXUAL
4 CONTACT WITH THE VICTIM AND THE OFFENSE INCLUDED A DISPLAY OF
5 UNUSUAL CRUELTY BY THE OFFENDER DURING THE COMMISSION OF THE
6 CRIME.
7 SECTION 4. SECTION 9732 OF TITLE 42 IS AMENDED TO READ:
8 § 9732. CONTENTS OF PRESENTENCE REPORT.
9 THE PRESENTENCE REPORT SHALL INCLUDE A SUMMARY OF THE
10 CIRCUMSTANCES ATTENDING THE COMMISSION OF THE CRIME, THE HISTORY
11 OF DELINQUENCY OR CRIMINALITY, PHYSICAL AND MENTAL CONDITION,
12 FAMILY SITUATION AND BACKGROUND, ECONOMIC STATUS, EDUCATION,
13 OCCUPATION AND PERSONAL HABITS OF THE DEFENDANT, AND ANY OTHER
14 MATTERS THAT THE PERSON PREPARING THE REPORT DEEMS RELEVANT OR
15 THAT THE COURT DIRECTS BE INCLUDED[.], INCLUDING THE AGGRAVATING
16 FACTORS CONTAINED IN SECTION 9721(G) (RELATING TO DETERMINING
17 HIGH RISK DANGEROUS OFFENDERS), FOR A DETERMINATION BY THE COURT
18 AS TO WHETHER THE DEFENDANT IS A HIGH RISK DANGEROUS OFFENDER.
19 SECTION 5. SECTION 9756 OF TITLE 42 IS AMENDED BY ADDING A
20 SUBSECTION TO READ:
21 § 9756. SENTENCE OF TOTAL CONFINEMENT.
22 * * *
23 (E) HIGH RISK DANGEROUS OFFENDERS.--IF THE DEFENDANT MEETS
24 MORE THAN ONE OF THE CRITERIA CONTAINED IN SECTION 9721(G)
25 (RELATING TO DETERMINING HIGH RISK DANGEROUS OFFENDERS), THE
26 COURT SHALL FIND THAT THE DEFENDANT IS A HIGH RISK DANGEROUS
27 OFFENDER. THE COURT SHALL STATE ON THE SENTENCING ORDER AND ON
28 THE SENTENCING GUIDELINE FORM WHETHER THE DEFENDANT HAS BEEN
29 DETERMINED TO BE A HIGH RISK DANGEROUS OFFENDER. IN THE EVENT
30 THAT THE COURT DETERMINES THE DEFENDANT TO BE A HIGH RISK
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1 DANGEROUS OFFENDER, THE PROVISIONS SET FORTH IN SUBSECTION (B)
2 AND SECTION 9755(B) (RELATING TO SENTENCE OF PARTIAL
3 CONFINEMENT) SHALL NOT APPLY TO THE HIGH RISK DANGEROUS
4 OFFENDER.
5 SECTION 6. WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS
6 ACT, THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL, FOR THE
7 PURPOSE OF ADVISING THE GENERAL ASSEMBLY CONCERNING FUTURE
8 PRISON CONSTRUCTION EXPENDITURES, PUBLISH PROJECTED INCREASES IN
9 THE STATE PRISON POPULATION RESULTING FROM IMPLEMENTATION OF
10 THIS ACT.
11 SECTION 7. THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
12 MONITOR AND EVALUATE LEGAL AND CRIMINOLOGICAL LITERATURE ON AN
13 ONGOING BASIS TO IDENTIFY NEW AGGRAVATING FACTORS. THE
14 COMMISSION SHALL PRESENT AN ANNUAL REPORT OF THEIR FINDINGS TO
15 THE JUDICIARY COMMITTEE OF THE SENATE AND JUDICIARY COMMITTEE OF
16 THE HOUSE OF REPRESENTATIVES NO LATER THAN APRIL 1 OF EACH YEAR.
17 SECTION 8. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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