PRIOR PRINTER'S NO. 454 PRINTER'S NO. 1513
No. 417 Session of 2001
INTRODUCED BY BARD, CLARK, STURLA, FEESE, THOMAS, RUBLEY,
ARMSTRONG, BARRAR, BROWNE, BUNT, CALTAGIRONE, CAPPELLI,
CORRIGAN, CRUZ, CURRY, FREEMAN, GEIST, HARHAI, HERSHEY,
McILHATTAN, MELIO, ORIE, SOLOBAY, STABACK, TRELLO, TRICH,
WOJNAROSKI, PIPPY, MARSICO, WILT, MAHER, SAYLOR, SCHRODER,
E. Z. TAYLOR, HORSEY, L. I. COHEN, FRANKEL, STEELMAN,
J. TAYLOR AND STRITTMATTER, FEBRUARY 5, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 4, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentences for offenses committed with firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9712(a) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9712. Sentences for offenses committed with firearms.
9 (a) Mandatory sentence.--
10 (1) Except as provided under section 9716 (relating to
11 two or more mandatory minimum sentences applicable), any
12 person who is convicted in any court of this Commonwealth of
13 a crime of violence as defined in section 9714(g) (relating
14 to sentences for second and subsequent offenses), shall, if
15 the person visibly possessed a firearm or a replica of a
1 firearm, whether or not the firearm or replica was loaded or
2 functional, that placed the victim in reasonable fear of
3 death or serious bodily injury, during the commission of the
4 offense, be sentenced to a minimum sentence of at least five
5 years of total confinement notwithstanding any other
6 provision of this title or other statute to the contrary.
7 Such persons shall not be eligible for parole, probation,
8 work release or furlough.
9 (2) Any person who is convicted of a violation of
10 section 13(a)(30) of the act of April 14, 1972 (P.L.233,
11 No.64), known as The Controlled Substance, Drug, Device and
12 Cosmetic Act, when at the time of the offense, the person or
13 the person's accomplice is in physical possession or control
14 of a firearm or replica firearm, whether visibly VISIBLE, <--
15 concealed about the person or the person's accomplice or
16 within the actor's or accomplice's reach OR IN CLOSE <--
17 PROXIMITY TO THE CONTROLLED SUBSTANCE, shall likewise be
18 sentenced to a minimum sentence of at least five years of
19 total confinement.
20 (3) WHERE A DEFENDANT IS SUBJECT TO A MANDATORY MINIMUM <--
21 SENTENCE UNDER 18 PA.C.S. § 7508(A) (RELATING TO DRUG
22 TRAFFICKING SENTENCING AND PENALTIES) AND IS ALSO SUBJECT TO
23 AN ADDITIONAL PENALTY UNDER PARAGRAPH (2), AND WHERE THE
24 COURT ELECTS TO AGGREGATE THESE PENALTIES, THE COMBINED
25 MINIMUM SENTENCE MAY NOT EXCEED THE STATUTORY MAXIMUM
26 SENTENCE OF IMPRISONMENT ALLOWABLE UNDER THE CONTROLLED
27 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
28 * * *
29 Section 2. This act shall take effect in 60 days.
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