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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2516, 3514, 3908,        PRINTER'S NO. 4528
        4522

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1845 Session of 2007


        INTRODUCED BY SABATINA, BLACKWELL, BRENNAN, CRUZ, JAMES,
           JOSEPHS, W. KELLER, KENNEY, KIRKLAND, MELIO, MURT,
           M. O'BRIEN, PAYTON, ROEBUCK, SIPTROTH, K. SMITH, SWANGER,
           R. TAYLOR, THOMAS, WATERS, YOUNGBLOOD, GERBER, HARPER AND
           HARHAI, SEPTEMBER 27, 2007

        AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 7, 2008

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
     2     Judicial Procedure) of the Pennsylvania Consolidated
     3     Statutes, FURTHER PROVIDING FOR SENTENCE FOR MURDER AND        <--
     4     MURDER OF UNBORN CHILD; PROVIDING FOR THE OFFENSE OF CRIMINAL
     5     HOMICIDE OF LAW ENFORCEMENT OFFICER AND FOR THE OFFENSE OF
     6     ASSAULT OF LAW ENFORCEMENT OFFICER; IMPOSING PENALTIES;
     7     further providing for false reports to law enforcement
     8     authorities; in firearms, further providing for ineligibility
     9     for possession or dealing, for required licensure, for
    10     emergency prohibitions, for licenses, for possession with
    11     altered manufacturer's number, for sale or transfer, for the   <--
    12     Pennsylvania State Police and for registration, FOR            <--
    13     REGISTRATION PENNSYLVANIA STATE POLICE, FOR ALTERING OR        <--
    14     OBLITERATING MARKS OF IDENTIFICATION, FOR FIREARM TRACING AND
    15     FOR PROCEDURE; ESTABLISHING THE STRAW PURCHASE PREVENTION
    16     EDUCATION PROGRAM AND THE STRAW PURCHASE PREVENTION EDUCATION
    17     FUND; further providing for limitation of actions;
    18     PRESCRIBING SENTENCES FOR OFFENSES COMMITTED AGAINST LAW       <--
    19     ENFORCEMENT OFFICER; and abrogating a regulation.

    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22     Section 1.  Sections 4906(c) and 6105(b) of Title 18 of the    <--
    23  Pennsylvania Consolidated Statutes are amended to read:
    24     SECTION 1.  SECTION 1102(A), (B) AND (C) OF TITLE 18 OF THE    <--

     1  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
     2  § 1102.  SENTENCE FOR MURDER [AND], MURDER OF [AN] UNBORN CHILD
     3             AND MURDER OF LAW ENFORCEMENT OFFICER.
     4     (A)  FIRST DEGREE.--
     5         (1)  A PERSON WHO HAS BEEN CONVICTED OF A MURDER OF THE
     6     FIRST DEGREE OR OF MURDER OF A LAW ENFORCEMENT OFFICER OF THE
     7     FIRST DEGREE SHALL BE SENTENCED TO DEATH OR TO A TERM OF LIFE
     8     IMPRISONMENT IN ACCORDANCE WITH 42 PA.C.S. § 9711 (RELATING
     9     TO SENTENCING PROCEDURE FOR MURDER OF THE FIRST DEGREE).
    10         (2)  THE SENTENCE FOR A PERSON WHO HAS BEEN CONVICTED OF
    11     FIRST DEGREE MURDER OF AN UNBORN CHILD SHALL BE THE SAME AS
    12     THE SENTENCE FOR MURDER OF THE FIRST DEGREE, EXCEPT THAT THE
    13     DEATH PENALTY SHALL NOT BE IMPOSED. THIS PARAGRAPH SHALL NOT
    14     AFFECT THE DETERMINATION OF AN AGGRAVATING CIRCUMSTANCE UNDER
    15     42 PA.C.S. § 9711(D)(17) FOR THE KILLING OF A PREGNANT WOMAN.
    16     (B)  SECOND DEGREE.--A PERSON WHO HAS BEEN CONVICTED OF
    17  MURDER OF THE SECOND DEGREE [OR], OF SECOND DEGREE MURDER OF AN
    18  UNBORN CHILD OR OF SECOND DEGREE MURDER OF A LAW ENFORCEMENT
    19  OFFICER SHALL BE SENTENCED TO A TERM OF LIFE IMPRISONMENT.
    20     (C)  ATTEMPT, SOLICITATION AND CONSPIRACY [TO COMMIT MURDER
    21  OR MURDER OF AN UNBORN CHILD].--NOTWITHSTANDING SECTION 1103(1)
    22  (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON WHO
    23  HAS BEEN CONVICTED OF ATTEMPT, SOLICITATION OR CONSPIRACY TO
    24  COMMIT MURDER [OR], MURDER OF AN UNBORN CHILD OR MURDER OF A LAW
    25  ENFORCEMENT OFFICER WHERE SERIOUS BODILY INJURY RESULTS MAY BE
    26  SENTENCED TO A TERM OF IMPRISONMENT WHICH SHALL BE FIXED BY THE
    27  COURT AT NOT MORE THAN 40 YEARS. WHERE SERIOUS BODILY INJURY
    28  DOES NOT RESULT, THE PERSON MAY BE SENTENCED TO A TERM OF
    29  IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE THAN
    30  20 YEARS.
    20070H1845B4528                  - 2 -     

     1     * * *
     2     SECTION 1.1.  TITLE 18 IS AMENDED BY ADDING SECTIONS TO READ:
     3  § 2507.  CRIMINAL HOMICIDE OF LAW ENFORCEMENT OFFICER.
     4     (A)  MURDER OF A LAW ENFORCEMENT OFFICER OF THE FIRST
     5  DEGREE.--A PERSON COMMITS MURDER OF A LAW ENFORCEMENT OFFICER OF
     6  THE FIRST DEGREE WHO INTENTIONALLY KILLS A LAW ENFORCEMENT
     7  OFFICER WHILE IN THE PERFORMANCE OF DUTY KNOWING THE VICTIM IS A
     8  LAW ENFORCEMENT OFFICER.
     9     (B)  MURDER OF A LAW ENFORCEMENT OFFICER OF THE SECOND
    10  DEGREE.--A PERSON COMMITS MURDER OF A LAW ENFORCEMENT OFFICER OF
    11  THE SECOND DEGREE WHO ENGAGES AS A PRINCIPAL OR AN ACCOMPLICE IN
    12  THE PERPETRATION OF A FELONY DURING WHICH A LAW ENFORCEMENT
    13  OFFICER IS KILLED WHILE IN THE PERFORMANCE OF DUTY.
    14     (C)  MANSLAUGHTER OF A LAW ENFORCEMENT OFFICER IN THE FIRST
    15  DEGREE.--A PERSON COMMITS A FELONY IN THE FIRST DEGREE WHO DOES
    16  ANY OF THE FOLLOWING:
    17         (1)  WITHOUT LAWFUL JUSTIFICATION KILLS A LAW ENFORCEMENT
    18     OFFICER WHILE IN THE PERFORMANCE OF DUTY AND WITH KNOWLEDGE
    19     THAT THE VICTIM WAS A LAW ENFORCEMENT OFFICER, IF AT THE TIME
    20     OF THE KILLING:
    21             (I)  THE PERSON IS ACTING UNDER A SUDDEN AND INTENSE
    22         PASSION RESULTING FROM SERIOUS PROVOCATION BY THE VICTIM
    23         KILLED; OR
    24             (II)  THE PERSON IS ACTING UNDER A SUDDEN AND INTENSE
    25         PASSION RESULTING FROM SERIOUS PROVOCATION BY ANOTHER
    26         INDIVIDUAL WHOM THE ACTOR ENDEAVORS TO KILL, BUT THE
    27         PERSON NEGLIGENTLY OR ACCIDENTALLY CAUSES THE DEATH OF
    28         THE VICTIM.
    29         (2)  INTENTIONALLY OR KNOWINGLY KILLS A LAW ENFORCEMENT
    30     OFFICER WHILE IN THE PERFORMANCE OF DUTY AND WITH KNOWLEDGE
    20070H1845B4528                  - 3 -     

     1     THAT THE VICTIM WAS A LAW ENFORCEMENT OFFICER, IF AT THE TIME
     2     OF THE KILLING THE PERSON BELIEVES THE CIRCUMSTANCES TO BE
     3     SUCH THAT, IF THEY EXISTED, WOULD JUSTIFY THE KILLING UNDER
     4     CHAPTER 5 (RELATING TO GENERAL PRINCIPLES OF JUSTIFICATION),
     5     BUT HIS BELIEF IS UNREASONABLE.
     6     (D)  MANSLAUGHTER OF A LAW ENFORCEMENT OFFICER IN THE SECOND
     7  DEGREE.--A PERSON COMMITS A FELONY OF THE SECOND DEGREE WHO, AS
     8  A DIRECT RESULT OF THE DOING OF AN UNLAWFUL OR LAWFUL ACT IN A
     9  RECKLESS OR GROSSLY NEGLIGENT MANNER, CAUSES THE DEATH OF A LAW
    10  ENFORCEMENT OFFICER WHILE IN THE PERFORMANCE OF DUTY AND THE
    11  PERSON KNEW OR SHOULD HAVE KNOWN THE VICTIM WAS A LAW
    12  ENFORCEMENT OFFICER.
    13     (E)  DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
    14  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
    15  SUBSECTION:
    16     "LAW ENFORCEMENT OFFICER."  THIS TERM SHALL HAVE THE SAME
    17  MEANING AS THE TERM "PEACE OFFICER" IS GIVEN UNDER SECTION 501
    18  (RELATING TO DEFINITIONS).
    19     "PERPETRATION OF A FELONY."  AS DEFINED UNDER SECTION 2502(D)
    20  (RELATING TO MURDER).
    21  § 2702.1.  ASSAULT OF LAW ENFORCEMENT OFFICER.
    22     (A)  ASSAULT OF A LAW ENFORCEMENT OFFICER IN THE FIRST
    23  DEGREE.--A PERSON COMMITS A FELONY OF THE FIRST DEGREE WHO
    24  ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY CAUSES BODILY
    25  INJURY TO A LAW ENFORCEMENT OFFICER, WHILE IN THE PERFORMANCE OF
    26  DUTY AND WITH KNOWLEDGE THAT THE VICTIM IS A LAW ENFORCEMENT
    27  OFFICER, BY DISCHARGING A FIREARM.
    28     (B)  PENALTIES.--NOTWITHSTANDING SECTION 1103(1) (RELATING TO
    29  SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON CONVICTED UNDER
    30  SUBSECTION (A) SHALL BE SENTENCED TO A TERM OF IMPRISONMENT
    20070H1845B4528                  - 4 -     

     1  FIXED BY THE COURT AT NOT MORE THAN 40 YEARS.
     2     (C)  DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
     3  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
     4  SUBSECTION:
     5     "LAW ENFORCEMENT OFFICER."  THE TERM SHALL HAVE THE SAME
     6  MEANING AS THE TERM "PEACE OFFICER" IS GIVEN UNDER SECTION 501
     7  (RELATING TO DEFINITIONS).
     8     "FIREARM."  AS DEFINED UNDER 42 PA.C.S. § 9712(E) (RELATING
     9  TO SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS).
    10     SECTION 1.2.  SECTIONS 4906(C) AND 6105(B) OF TITLE 18 ARE
    11  AMENDED TO READ:
    12  § 4906.  False reports to law enforcement authorities.
    13     * * *
    14     (c)  Grading.--
    15         (1)  If the violation of subsection (a) or (b) occurs
    16     during a declared state of emergency and the false report
    17     causes the resources of the law enforcement authority to be
    18     diverted from dealing with the declared state of emergency,
    19     the offense shall be graded one step greater than that set
    20     forth in the applicable subsection.
    21         (2)  If the violation of subsection (a) or (b) relates to
    22     a false report of the theft or loss of a firearm, as defined
    23     in section 5515 (relating to prohibiting of paramilitary
    24     training), the offense shall be graded one step greater than
    25     that set forth in the applicable subsection.
    26  § 6105.  Persons not to possess, use, manufacture, control, sell
    27             or transfer firearms.
    28     * * *
    29     (b)  Enumerated offenses.--The following offenses shall apply
    30  to subsection (a):
    20070H1845B4528                  - 5 -     

     1         Section 908 (relating to prohibited offensive weapons).
     2         Section 911 (relating to corrupt organizations).
     3         Section 912 (relating to possession of weapon on school
     4     property).
     5         Section 2502 (relating to murder).
     6         Section 2503 (relating to voluntary manslaughter).
     7         Section 2504 (relating to involuntary manslaughter) if
     8     the offense is based on the reckless use of a firearm.
     9         Section 2702 (relating to aggravated assault).
    10         Section 2703 (relating to assault by prisoner).
    11         Section 2704 (relating to assault by life prisoner).
    12         Section 2709.1 (relating to stalking).
    13         Section 2716 (relating to weapons of mass destruction).
    14         Section 2901 (relating to kidnapping).
    15         Section 2902 (relating to unlawful restraint).
    16         Section 2910 (relating to luring a child into a motor
    17     vehicle or structure).
    18         Section 3121 (relating to rape).
    19         Section 3123 (relating to involuntary deviate sexual
    20     intercourse).
    21         Section 3125 (relating to aggravated indecent assault).
    22         Section 3301 (relating to arson and related offenses).
    23         Section 3302 (relating to causing or risking
    24     catastrophe).
    25         Section 3502 (relating to burglary).
    26         Section 3503 (relating to criminal trespass) if the
    27     offense is graded a felony of the second degree or higher.
    28         Section 3701 (relating to robbery).
    29         Section 3702 (relating to robbery of motor vehicle).
    30         Section 3921 (relating to theft by unlawful taking or
    20070H1845B4528                  - 6 -     

     1     disposition) upon conviction of the second felony offense.
     2         Section 3923 (relating to theft by extortion) when the
     3     offense is accompanied by threats of violence.
     4         Section 3925 (relating to receiving stolen property) upon
     5     conviction of the second felony offense.
     6         Section 4906 (relating to false reports to law
     7     enforcement authorities) if the fictitious report involved
     8     the theft of a firearm as provided in section 4906(c)(2).
     9         Section 4912 (relating to impersonating a public servant)
    10     if the person is impersonating a law enforcement officer.
    11         Section 4952 (relating to intimidation of witnesses or
    12     victims).
    13         Section 4953 (relating to retaliation against witness
    14     [or], victim or party).
    15         Section 5121 (relating to escape).
    16         Section 5122 (relating to weapons or implements for
    17     escape).
    18         Section 5501(3) (relating to riot).
    19         Section 5515 (relating to prohibiting of paramilitary
    20     training).
    21         Section 5516 (relating to facsimile weapons of mass
    22     destruction).
    23         Section 6110.1 (relating to possession of firearm by
    24     minor).
    25         Section 6301 (relating to corruption of minors).
    26         Section 6302 (relating to sale or lease of weapons and
    27     explosives).
    28         Any offense equivalent to any of the above-enumerated
    29     offenses under the prior laws of this Commonwealth or any
    30     offense equivalent to any of the above-enumerated offenses
    20070H1845B4528                  - 7 -     

     1     under the statutes of any other state or of the United
     2     States.
     3     * * *
     4     Section 2.  Section 6106(b) of Title 18 is amended by adding
     5  a paragraph to read:
     6  § 6106.  Firearms not to be carried without a license.
     7     * * *
     8     (b)  Exceptions.--The provisions of subsection (a) shall not
     9  apply to:
    10         * * *
    11         (16)  Any person holding a license in accordance with
    12     section 6109(f)(3).
    13     * * *
    14     Section 3.  Section 6107 of Title 18 is amended to read:
    15  § 6107.  Prohibited conduct during emergency.
    16     (a)  General rule.--No person shall carry a firearm[, rifle
    17  or shotgun] upon the public streets or upon any public property
    18  during an emergency proclaimed by a State or municipal
    19  governmental executive unless that person is:
    20         (1)  Actively engaged in a defense of that person's life
    21     or property from peril or threat.
    22         (2)  Licensed to carry firearms under section 6109
    23     (relating to licenses) or is exempt from licensing under
    24     section 6106(b) (relating to firearms not to be carried
    25     without a license).
    26     (b)  Seizure, taking and confiscation.--Except as otherwise
    27  provided under subsection (a) and notwithstanding the provisions
    28  of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
    29  other provision of law to the contrary, no firearm, accessory or
    30  ammunition may be seized, taken or confiscated during an
    20070H1845B4528                  - 8 -     

     1  emergency unless the seizure, taking or confiscation would be
     2  authorized absent the emergency.
     3     (c)  Definitions.--As used in this section, the following
     4  words and phrases shall have the meanings given to them in this
     5  subsection:
     6     "Accessory."  Any scope, sight, bipod, sling, light,
     7  magazine, clip or other related item that is attached to or
     8  necessary for the operation of a firearm.
     9     "Firearm."  The term includes any weapon that is designed to
    10  or may readily be converted to expel any projectile by the
    11  action of an explosive or the frame or receiver of any weapon.
    12     Section 4.  Section 6109(f)(1) of Title 18 is amended, the
    13  subsection is amended by adding paragraphs and the section is
    14  amended by adding subsections to read:
    15  § 6109.  Licenses.
    16     * * *
    17     (f)  Term of license.--
    18         (1)  A license to carry a firearm issued under subsection
    19     (e) shall be valid throughout this Commonwealth for a period
    20     of five years unless extended under paragraph (3) or sooner
    21     revoked.
    22         * * *
    23         (3)  Notwithstanding paragraph (1) or any other provision
    24     of law to the contrary, a license to carry a firearm that is
    25     held by a member of the United States Armed Forces or the
    26     Pennsylvania National Guard on Federal active duty and
    27     deployed overseas that is scheduled to expire during the
    28     period of deployment shall be extended until 90 days after
    29     the end of the deployment.
    30         (4)  Possession of a license, together with a copy of the
    20070H1845B4528                  - 9 -     

     1     person's military orders showing the dates of overseas
     2     deployment, including the date that the overseas deployment
     3     ends, shall constitute, during the extension period specified
     4     in paragraph (3), a defense to any charge filed pursuant to
     5     section 6106 (relating to firearms not to be carried without
     6     a license) or 6108 (relating to carrying firearms on public
     7     streets or public property in Philadelphia).
     8     * * *
     9     (m.1)  Temporary emergency licenses.--
    10         (1)  A person seeking a temporary emergency license to
    11     carry a concealed firearm shall submit to the sheriff of the
    12     county in which the person resides all of the following:
    13             (i)  Evidence of imminent danger to the person or
    14         member of the person's family. THE PERSON'S MINOR CHILD.   <--
    15         FOR PURPOSES OF THIS SUBPARAGRAPH, THE TERM "MINOR" SHALL
    16         HAVE THE SAME MEANING AS PROVIDED IN 1 PA.C.S. § 1991
    17         (RELATING TO DEFINITIONS).
    18             (ii)  A sworn affidavit that contains the information
    19         required on an application for a license to carry a
    20         firearm and attesting that the person is 21 years of age
    21         or older, is not prohibited from owning firearms under
    22         section 6105 (relating to persons not to possess, use,
    23         manufacture, control, sell or transfer firearms) or any
    24         other Federal or State law and is not currently subject
    25         to a protection from abuse order or a protection order
    26         issued by a court of another state.
    27             (iii)  A IN ADDITION TO THE PROVISIONS OF SUBSECTION   <--
    28         (H), A temporary emergency license fee established by the
    29         Commissioner of the Pennsylvania State Police for an
    30         amount that does not exceed the actual cost of conducting
    20070H1845B4528                 - 10 -     

     1         the criminal background check or $10, whichever is less.
     2             (IV)  AN APPLICATION FOR A LICENSE TO CARRY A FIREARM  <--
     3         ON THE FORM PRESCRIBED PURSUANT TO SUBSECTION (C).
     4         (2)  Upon receipt of the items required under paragraph
     5     (1), the sheriff immediately shall conduct a criminal
     6     history, juvenile delinquency and mental health record check
     7     of the applicant PURSUANT TO SECTION 6105. Immediately upon    <--
     8     receipt of the results of the records check, the sheriff
     9     shall review the information and shall determine whether the
    10     applicant meets the criteria set forth in this section         <--
    11     SUBSECTION. If the sheriff determines, to the best of the      <--
    12     sheriff's ability, that the applicant has met all of the
    13     criteria, the sheriff shall immediately issue the applicant a
    14     temporary emergency license to carry a concealed firearm.
    15         (3)  If the sheriff refuses to issue a temporary
    16     emergency license, the sheriff shall specify the grounds for
    17     the denial in a written notice to the applicant. The
    18     applicant may appeal the denial or challenge criminal records
    19     check results that were the basis of the denial, if
    20     applicable, in the same manner as a denial of a license to
    21     carry a firearm under this section.
    22         (4)  A temporary emergency license issued under this
    23     subsection shall be valid for 90 45 days and may not be        <--
    24     renewed. A person who has been issued a temporary emergency
    25     license under this subsection shall not be issued another
    26     temporary emergency license unless at least four FIVE years    <--
    27     have expired since the issuance of the prior temporary
    28     emergency license. DURING THE 45 DAYS THE TEMPORARY EMERGENCY  <--
    29     LICENSE IS VALID, THE SHERIFF SHALL CONDUCT AN ADDITIONAL
    30     INVESTIGATION OF THE PERSON FOR THE PURPOSES OF DETERMINING
    20070H1845B4528                 - 11 -     

     1     WHETHER THE PERSON MAY BE ISSUED A LICENSE PURSUANT TO THIS
     2     SECTION. IF, DURING THE COURSE OF THIS INVESTIGATION, THE
     3     SHERIFF DISCOVERS ANY INFORMATION THAT WOULD HAVE PROHIBITED
     4     THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION, THE
     5     SHERIFF SHALL BE AUTHORIZED TO REVOKE THE TEMPORARY EMERGENCY
     6     LICENSE AS PROVIDED IN SUBSECTION (I).
     7         (5)  THE TEMPORARY EMERGENCY LICENSE ISSUED PURSUANT TO
     8     THIS SECTION SHALL BE CONSISTENT WITH THE FORM PRESCRIBED IN
     9     SUBSECTION (E)(3), (4) AND (5). IN ADDITION TO THE
    10     INFORMATION PROVIDED IN THOSE PARAGRAPHS, THE TEMPORARY
    11     EMERGENCY LICENSE SHALL BE CLEARLY MARKED "TEMPORARY."
    12         (5) (6)  A person who holds a temporary emergency license  <--
    13     to carry a firearm shall have the same rights to carry a
    14     firearm as a person issued a license to carry a firearm under
    15     this section. A licensee under this subsection shall be
    16     subject to all other duties, restrictions and penalties under
    17     this section, INCLUDING REVOCATION PURSUANT TO SUBSECTION      <--
    18     (I).
    19         (6) (7)  A sheriff who issues a temporary emergency        <--
    20     license to carry a firearm shall retain, for the entire
    21     period during which the temporary emergency license is in
    22     effect, the evidence of imminent danger that the applicant
    23     submitted to the sheriff that was the basis for the license,
    24     or a copy of the evidence, as appropriate.
    25         (7)  The application for a temporary emergency license to  <--
    26     carry a firearm shall be uniform throughout this Commonwealth
    27     and shall be on a form prescribed by the Pennsylvania State
    28     Police.
    29         (8)  A PERSON APPLYING FOR A TEMPORARY EMERGENCY LICENSE   <--
    30     SHALL COMPLETE THE APPLICATION REQUIRED PURSUANT TO
    20070H1845B4528                 - 12 -     

     1     SUBSECTION (C) AND SHALL PROVIDE AT THE TIME OF APPLICATION
     2     THE INFORMATION REQUIRED IN PARAGRAPH (1).
     3         (9)  PRIOR TO THE EXPIRATION OF A TEMPORARY EMERGENCY
     4     LICENSE, IF THE SHERIFF HAS DETERMINED PURSUANT TO
     5     INVESTIGATION THAT THE PERSON ISSUED A TEMPORARY EMERGENCY
     6     LICENSE IS NOT DISQUALIFIED AND IF THE TEMPORARY EMERGENCY
     7     LICENSE HAS NOT BEEN REVOKED PURSUANT TO SUBSECTION (I), THE
     8     SHERIFF SHALL ISSUE A LICENSE PURSUANT TO THIS SECTION THAT
     9     IS EFFECTIVE FOR THE BALANCE OF THE FIVE-YEAR PERIOD FROM THE
    10     DATE OF THE ISSUANCE OF THE TEMPORARY EMERGENCY LICENSE.
    11     RECORDS AND ALL OTHER INFORMATION, DUTIES AND OBLIGATIONS
    12     REGARDING SUCH LICENSES SHALL BE APPLICABLE AS OTHERWISE
    13     PROVIDED IN THIS SECTION.
    14         (8) (10)  As used in this subsection, the term "evidence   <--
    15     of imminent danger" means: a written document prepared by a    <--
    16     governmental entity or public official describing the facts
    17     that give a person reasonable cause to fear a criminal attack
    18     upon the person or a member of the person's family that would
    19     justify a prudent person to carry a firearm. Written
    20     documents of this nature include, but are not limited to, any
    21     temporary or final protection from abuse order or protection
    22     order issued by another state.
    23             (I)  A WRITTEN DOCUMENT PREPARED BY THE ATTORNEY       <--
    24         GENERAL, A DISTRICT ATTORNEY, A CHIEF LAW ENFORCEMENT
    25         OFFICER, JUDICIAL OFFICER OR THEIR DESIGNEES DESCRIBING
    26         THE FACTS THAT GIVE A PERSON REASONABLE CAUSE TO FEAR A
    27         CRIMINAL ATTACK UPON THE PERSON OR THE PERSON'S MINOR
    28         CHILD. FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM
    29         "CHIEF LAW ENFORCEMENT OFFICER" SHALL HAVE THE SAME
    30         MEANING AS PROVIDED IN 42 PA.C.S. § 8951 (RELATING TO
    20070H1845B4528                 - 13 -     

     1         DEFINITIONS) AND "JUDICIAL OFFICER" SHALL HAVE THE SAME
     2         MEANING AS PROVIDED IN 42 PA.C.S. § 102 (RELATING TO
     3         DEFINITIONS).
     4             (II)  A POLICE REPORT.
     5     (m.2)  Inconsistent provisions.--Notwithstanding the
     6  provisions of section 7506 (relating to violation of rules
     7  regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
     8  (relating to additional limitations on operation), or the act of
     9  June 28, 1995 (P.L.89, No.18), known as the Conservation and
    10  Natural Resources Act, and regulations promulgated under that
    11  act, a firearm may be carried as provided in subsection (a) by:
    12         (1)  a law enforcement officer whose current
    13     identification as a law enforcement officer shall be
    14     construed as a valid license to carry a firearm; or
    15         (2)  any licensee.
    16     (m.3)  Construction.--Nothing in this section shall be
    17  construed to:                                                     <--
    18         (1)  Permit the hunting or harvesting of any wildlife
    19  CONSTRUED TO PERMIT THE HUNTING OR HARVESTING OF ANY WILDLIFE     <--
    20  with a firearm or ammunition not otherwise permitted by 34
    21  Pa.C.S. (relating to game).
    22         (2)  Authorize any Commonwealth agency to regulate the     <--
    23     possession of firearms in any manner inconsistent with the
    24     provisions of this title.
    25     Section 5.  Sections 6110.2 and 6111(b), (g)(4) and (j) of
    26  Title 18 are amended to read:
    27  § 6110.2.  Possession of firearm with altered manufacturer's
    28             number.
    29     (a)  General rule.--No person shall possess a firearm which
    30  has had the manufacturer's number integral to the frame or
    20070H1845B4528                 - 14 -     

     1  receiver altered, changed, removed or obliterated.
     2     (b)  Penalty.--A person who violates this section commits a
     3  [misdemeanor] felony of the [first] second degree.
     4     (c)  Definition.--As used in this section, the term "firearm"
     5  shall have the same meaning as that term is defined in section
     6  6105(i) (relating to persons not to possess, use, manufacture,
     7  control, sell or transfer firearms), except that the term shall
     8  not include antique firearms as defined in section 6118
     9  (relating to antique firearms).
    10  § 6111.  Sale or transfer of firearms.
    11     * * *
    12     (b)  Duty of seller.--No licensed importer, licensed
    13  manufacturer or licensed dealer shall sell or deliver any
    14  firearm to another person, other than a licensed importer,
    15  licensed manufacturer, licensed dealer or licensed collector,
    16  until the conditions of subsection (a) have been satisfied and
    17  until he has:
    18         (1)  For purposes of a firearm as defined in section 6102
    19     (relating to definitions), obtained a completed
    20     application/record of sale from the potential buyer or
    21     transferee to be filled out in triplicate, the original copy
    22     to be sent to the Pennsylvania State Police, postmarked via
    23     first class mail, within 14 days of the sale, one copy to be
    24     retained by the licensed importer, licensed manufacturer or
    25     licensed dealer for a period of 20 years and one copy to be
    26     provided to the purchaser or transferee. The form of this
    27     application/record of sale shall be no more than one page in
    28     length and shall be promulgated by the Pennsylvania State
    29     Police and provided by the licensed importer, licensed
    30     manufacturer or licensed dealer. The application/record of
    20070H1845B4528                 - 15 -     

     1     sale shall include the name, address, birthdate, gender,
     2     race, physical description and Social Security number of the
     3     purchaser or transferee, the date of the application and the
     4     caliber, length of barrel, make, model and manufacturer's
     5     number of the firearm to be purchased or transferred. The
     6     application/record of sale shall also contain the following
     7     question:
     8         Are you the actual buyer of the firearm(s), AS DEFINED     <--
     9         UNDER 18 PA.C.S. § 6102, listed on this
    10         application/record of sale? Warning: You are not the
    11         actual buyer if you are acquiring the firearm(s) on
    12         behalf of another person, unless you are legitimately
    13         acquiring the firearm as a gift for any of the following
    14         individuals who are legally eligible to own a firearm:
    15             (1)  spouse;
    16             (2)  parent;
    17             (3)  child;
    18             (4)  grandparent; or
    19             (5)  grandchild.
    20         * * *
    21     (g)  Penalties.--
    22         * * *
    23         (4)  Any person, purchaser or transferee [who] commits a
    24     felony of the third degree if, in connection with the
    25     purchase, delivery or transfer of a firearm under this
    26     chapter, he knowingly and intentionally:
    27             (i)  makes any materially false oral [or written
    28         statement or] statement;
    29             (ii)  makes any materially false written statement,
    30         including a statement on any form promulgated by Federal
    20070H1845B4528                 - 16 -     

     1         or State agencies; or
     2             (iii)  willfully furnishes or exhibits any false
     3         identification intended or likely to deceive the seller,
     4         licensed dealer or licensed manufacturer [commits a
     5         felony of the third degree].
     6         * * *
     7     (j)  Exemption.--
     8         (1)  The provisions of subsections (a) and (b) shall not
     9     apply to:
    10             (i)  sales between Federal firearms licensees[.]; or
    11             (ii)  the purchase of firearms by a chief law
    12         enforcement officer, or his designee, for the official
    13         use of law enforcement officers.
    14         (2)  For the purposes of this subsection, the term "chief
    15     law enforcement officer" shall include the Commissioner of
    16     the Pennsylvania State Police, the chief or head of a police
    17     department, a county sheriff or any equivalent law
    18     enforcement official.
    19     Section 6.  Section 6111.1(b) of Title 18 is amended by        <--
    20  adding a paragraph to read:
    21  § 6111.1.  Pennsylvania State Police.
    22     * * *
    23     (b)  Duty of Pennsylvania State Police.--
    24         * * *
    25         (5)  The Pennsylvania State Police shall maintain a
    26     registry of all firearms reported lost or stolen in this
    27     Commonwealth. The registry shall contain, if available, the
    28     manufacturer, model, caliber, serial number and any other
    29     identifying information concerning any firearm reported lost
    30     or stolen, as well as the name of the lawful owner of the
    20070H1845B4528                 - 17 -     

     1     firearm. If a firearm is reported stolen to a local law
     2     enforcement agency, that agency shall collect the required
     3     information and shall submit it to the Pennsylvania State
     4     Police within 24 hours. Information concerning a firearm
     5     reported lost or stolen:
     6             (i)  may be deleted from the registry after 20 years;
     7         and
     8             (ii)  shall be deleted from the registry after the
     9         firearm is returned to the lawful owner.
    10     * * *
    11     SECTION 6.  SECTION 6111.1(E) 6111.1(B)(4), (E) AND (F) OF     <--
    12  TITLE 18 ARE AMENDED TO READ:
    13  § 6111.1.  PENNSYLVANIA STATE POLICE.
    14     * * *                                                          <--
    15     (B)  DUTY OF PENNSYLVANIA STATE POLICE.--
    16         * * *
    17         (4)  THE PENNSYLVANIA STATE POLICE AND ANY LOCAL LAW
    18     ENFORCEMENT AGENCY SHALL MAKE ALL REASONABLE EFFORTS TO
    19     DETERMINE THE LAWFUL OWNER OF ANY FIREARM CONFISCATED OR
    20     RECOVERED BY THE PENNSYLVANIA STATE POLICE OR ANY LOCAL LAW
    21     ENFORCEMENT AGENCY AND RETURN SAID FIREARM TO ITS LAWFUL
    22     OWNER IF THE OWNER IS NOT OTHERWISE PROHIBITED FROM
    23     POSSESSING THE FIREARM. WHEN A COURT OF LAW HAS DETERMINED
    24     THAT THE PENNSYLVANIA STATE POLICE OR ANY LOCAL LAW
    25     ENFORCEMENT AGENCY HAVE FAILED TO EXERCISE THE DUTY UNDER
    26     THIS SUBSECTION, REASONABLE ATTORNEY FEES SHALL BE AWARDED TO
    27     ANY LAWFUL OWNER OF SAID FIREARM WHO HAS SOUGHT JUDICIAL
    28     ENFORCEMENT OF THIS SUBSECTION.
    29     * * *
    30     (E)  CHALLENGE TO RECORDS.--
    20070H1845B4528                 - 18 -     

     1         (1)  ANY PERSON WHO IS DENIED THE RIGHT TO RECEIVE, SELL,
     2     TRANSFER, POSSESS, CARRY, MANUFACTURE OR PURCHASE A FIREARM
     3     AS A RESULT OF THE PROCEDURES ESTABLISHED BY THIS SECTION MAY
     4     CHALLENGE THE ACCURACY OF THAT PERSON'S CRIMINAL HISTORY,
     5     JUVENILE DELINQUENCY HISTORY OR MENTAL HEALTH RECORD PURSUANT
     6     TO A DENIAL BY THE INSTANTANEOUS RECORDS CHECK [IN ACCORDANCE
     7     WITH PROCEDURES ESTABLISHED BY THE PENNSYLVANIA STATE POLICE.
     8     THE DECISION RESULTING FROM A CHALLENGE UNDER THIS SUBSECTION
     9     MAY BE APPEALED TO THE ATTORNEY GENERAL WITHIN 30 DAYS OF THE
    10     DECISION BY THE PENNSYLVANIA STATE POLICE. THE DECISION OF
    11     THE ATTORNEY GENERAL MAY BE APPEALED TO THE COMMONWEALTH
    12     COURT IN ACCORDANCE WITH COURT RULE.] BY SUBMITTING A
    13     CHALLENGE TO THE PENNSYLVANIA STATE POLICE WITHIN 30 DAYS
    14     FROM THE DATE OF THE DENIAL.
    15         (2)  THE PENNSYLVANIA STATE POLICE SHALL CONDUCT A REVIEW
    16     OF THE ACCURACY OF THE INFORMATION FORMING THE BASIS FOR THE
    17     DENIAL, AND SHALL HAVE THE BURDEN OF PROVING THE ACCURACY OF
    18     THE RECORD. WITHIN 20 DAYS AFTER RECEIVING A CHALLENGE, THE
    19     PENNSYLVANIA STATE POLICE SHALL NOTIFY THE CHALLENGER OF THE
    20     BASIS FOR THE DENIAL, INCLUDING, BUT NOT LIMITED TO, THE
    21     JURISDICTION AND DOCKET NUMBER OF ANY RELEVANT COURT DECISION
    22     AND PROVIDE THE CHALLENGER AN OPPORTUNITY TO PROVIDE
    23     ADDITIONAL INFORMATION FOR THE PURPOSES OF THE REVIEW. THE
    24     PENNSYLVANIA STATE POLICE SHALL COMMUNICATE ITS FINAL
    25     DECISION TO THE CHALLENGER WITHIN 60 DAYS OF THE RECEIPT OF
    26     THE CHALLENGE. THE DECISION OF THE PENNSYLVANIA STATE POLICE
    27     SHALL INCLUDE ALL INFORMATION WHICH FORMED A BASIS FOR THE
    28     DECISION.
    29         (3)  IF THE CHALLENGE IS RULED INVALID, THE PERSON SHALL
    30     HAVE THE RIGHT TO APPEAL THE DECISION TO THE ATTORNEY GENERAL
    20070H1845B4528                 - 19 -     

     1     WITHIN 30 DAYS OF THE DECISION. THE ATTORNEY GENERAL SHALL
     2     CONDUCT A HEARING DE NOVO IN ACCORDANCE WITH THE
     3     ADMINISTRATIVE AGENCY LAW. THE BURDEN OF PROOF SHALL BE UPON
     4     THE COMMONWEALTH.
     5         (4)  THE DECISION OF THE ATTORNEY GENERAL MAY BE APPEALED
     6     TO THE COMMONWEALTH COURT BY AN AGGRIEVED PARTY.
     7     (F)  NOTIFICATION OF MENTAL HEALTH ADJUDICATION, TREATMENT,
     8  COMMITMENT, DRUG USE OR ADDICTION.--
     9         (1)  NOTWITHSTANDING ANY STATUTE TO THE CONTRARY, JUDGES
    10     OF THE COURTS OF COMMON PLEAS SHALL NOTIFY THE PENNSYLVANIA
    11     STATE POLICE, ON A FORM DEVELOPED BY THE PENNSYLVANIA STATE
    12     POLICE, OF:
    13             (I)  THE IDENTITY OF ANY INDIVIDUAL WHO HAS BEEN
    14         ADJUDICATED AS AN INCOMPETENT OR AS A MENTAL DEFECTIVE OR
    15         WHO HAS BEEN INVOLUNTARILY COMMITTED TO A MENTAL
    16         INSTITUTION [FOR INPATIENT CARE AND TREATMENT] UNDER THE
    17         ACT OF JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE
    18         MENTAL HEALTH PROCEDURES ACT, OR WHO HAS BEEN
    19         INVOLUNTARILY TREATED AS DESCRIBED IN SECTION 6105(C)(4)
    20         (RELATING TO PERSONS NOT TO POSSESS, USE, MANUFACTURE,
    21         CONTROL, SELL OR TRANSFER FIREARMS)[.] OR AS DESCRIBED IN
    22         18 U.S.C. § 922(G)(4) (RELATING TO UNLAWFUL ACTS) AND ITS
    23         IMPLEMENTING FEDERAL REGULATIONS; AND
    24             (II)  ANY FINDING OF FACT OR COURT ORDER RELATED TO
    25         ANY PERSON DESCRIBED IN 18 U.S.C. § 922(G)(3).
    26         (2)  THE NOTIFICATION SHALL BE TRANSMITTED BY THE JUDGE
    27     TO THE PENNSYLVANIA STATE POLICE WITHIN SEVEN DAYS OF THE
    28     ADJUDICATION, COMMITMENT OR TREATMENT.
    29         (3)  NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
    30     PENNSYLVANIA STATE POLICE MAY DISCLOSE, ELECTRONICALLY OR
    20070H1845B4528                 - 20 -     

     1     OTHERWISE, TO THE UNITED STATES ATTORNEY GENERAL OR A
     2     DESIGNEE, ANY RECORD RELEVANT TO A DETERMINATION OF WHETHER A
     3     PERSON IS DISQUALIFIED FROM POSSESSING OR RECEIVING A FIREARM
     4     UNDER 18 U.S.C. § 922 (G)(3) OR (4) OR AN APPLICABLE STATE
     5     STATUTE.
     6     * * *
     7     Section 7.  Sections 6111.4 and 6117, 6117 6117, AND 6127(A)   <--
     8  AND 9152(D) AND (E) of Title 18 are amended to read:              <--
     9  § 6111.4.  Registration of firearms.                              <--
    10     Notwithstanding any section of this chapter to the contrary,
    11  nothing in this chapter shall be construed to allow any
    12  government or law enforcement agency or any agent thereof to
    13  create, maintain or operate any registry of firearm ownership
    14  within this Commonwealth[.], other than a registry of firearms
    15  reported lost or stolen under section 6111.1(b)(5) (relating to
    16  Pennsylvania State Police). For the purposes of this section
    17  only, the term "firearm" shall include any weapon that is
    18  designed to or may readily be converted to expel any projectile
    19  by the action of an explosive or the frame or receiver of any
    20  such weapon.
    21  § 6117.  Altering or obliterating marks of identification.
    22     (a)  Offense defined.--No person shall change, alter, remove,
    23  or obliterate the manufacturer's number integral to the frame or
    24  receiver of any firearm which shall have the same meaning as
    25  provided in section 6105 (relating to persons not to possess,
    26  use, manufacture, control, sell or transfer firearms).
    27     [(b)  Presumption.--Possession of any firearm upon which any
    28  such mark shall have been changed, altered, removed or
    29  obliterated shall be prima facie evidence that the possessor has
    30  changed, altered, removed or obliterated the same.]
    20070H1845B4528                 - 21 -     

     1     (c)  Penalty.--A violation of this section constitutes a
     2  felony of the second degree.
     3     [(d)  Appellate review.--If a sentencing court refuses to
     4  apply this section where applicable, the Commonwealth shall have
     5  the right to appellate review of the action of the sentencing
     6  court. The appellate court shall vacate the sentence and remand
     7  the case to the sentencing court for imposition of a sentence in
     8  accordance with this section if it finds that the sentence was
     9  imposed in violation of this section.]
    10  § 6127.  FIREARM TRACING.                                         <--
    11     (A)  ILLEGAL POSSESSION.--UPON CONFISCATING OR RECOVERING A
    12  FIREARM FROM THE POSSESSION OF ANYONE [UNDER 21 YEARS OF AGE]
    13  WHO IS NOT PERMITTED BY FEDERAL OR STATE LAW TO POSSESS A
    14  FIREARM, A LOCAL LAW ENFORCEMENT AGENCY SHALL USE THE BEST
    15  AVAILABLE INFORMATION, INCLUDING A FIREARMS TRACE WHERE
    16  NECESSARY, TO DETERMINE HOW AND FROM WHERE THE PERSON [UNDER 21
    17  YEARS OF AGE] GAINED POSSESSION OF THE FIREARM.
    18     * * *
    19     SECTION 8.  CHAPTER 61 OF TITLE 18 IS AMENDED BY ADDING A      <--
    20  SUBCHAPTER TO READ:
    21                            SUBCHAPTER D
    22                     STRAW PURCHASE PREVENTION
    23                         EDUCATION PROGRAM
    24  SEC.
    25  6181.  SCOPE OF SUBCHAPTER.
    26  6182.  LEGISLATIVE FINDINGS AND DECLARATIONS.
    27  6183.  DEFINITIONS.
    28  6184.  STRAW PURCHASE PREVENTION EDUCATION PROGRAM.
    29  6185.  POWERS AND DUTIES OF ATTORNEY GENERAL.
    30  6186.  STRAW PURCHASE PREVENTION EDUCATION FUND.
    20070H1845B4528                 - 22 -     

     1  6187.  TRANSFER FOR INITIAL FUNDING.
     2  § 6181.  SCOPE OF SUBCHAPTER.
     3     THIS SUBCHAPTER PROVIDES FOR THE ESTABLISHMENT OF THE STRAW
     4  PURCHASE PREVENTION EDUCATION PROGRAM WITHIN THE OFFICE OF
     5  ATTORNEY GENERAL.
     6  § 6182.  LEGISLATIVE FINDINGS AND DECLARATIONS.
     7     THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
     8         (1)  THE ILLEGAL PURCHASE OF FIREARMS THROUGHOUT THIS
     9     COMMONWEALTH IS A THREAT TO PUBLIC SAFETY AND SECURITY.
    10         (2)  URBAN AREAS ARE EXPERIENCING INCREASED VIOLENCE AS A
    11     RESULT OF CRIMINAL MISUSE OF FIREARMS. STEMMING THE FLOW OF
    12     THESE ILLEGAL FIREARMS THROUGH STRAW PURCHASES WILL HELP TO
    13     CURB THE CRIME RATE THROUGHOUT THIS COMMONWEALTH AND INCREASE
    14     PUBLIC SAFETY.
    15         (3)  EDUCATING THE PUBLIC THAT ILLEGALLY PURCHASING A
    16     FIREARM FOR SOMEONE OTHERWISE PROHIBITED FROM POSSESSING ONE
    17     IS A SERIOUS CRIME AND PUNISHABLE UNDER FEDERAL LAW BY TEN
    18     YEARS' IMPRISONMENT ADVANCES PUBLIC SAFETY.
    19         (4)  COMMITTED TO EDUCATING FIREARMS DEALERS AND THE
    20     GENERAL PUBLIC, THE NATIONAL SHOOTING SPORTS FOUNDATION, IN
    21     PARTNERSHIP WITH THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
    22     EXPLOSIVES, IN JULY 2000 CREATED THE "DON'T LIE FOR THE OTHER
    23     GUY PROGRAM."
    24         (5)  THE "DON'T LIE FOR THE OTHER GUY PROGRAM" WAS
    25     DEVELOPED TO RAISE PUBLIC AWARENESS THAT IT IS A SERIOUS
    26     CRIME TO PURCHASE A FIREARM FOR SOMEONE WHO CANNOT LEGALLY DO
    27     SO AND TO EDUCATE FIREARMS DEALERS ON HOW TO BETTER DETECT
    28     AND DETER POTENTIAL STRAW PURCHASES. THE CAMPAIGN DELIVERS
    29     THE MESSAGE THAT ANYONE ATTEMPTING AN ILLEGAL FIREARM
    30     PURCHASE FACES A STIFF FEDERAL PENALTY.
    20070H1845B4528                 - 23 -     

     1         (6)  THE "DON'T LIE FOR THE OTHER GUY PROGRAM" IS VITAL
     2     TO EDUCATING FEDERALLY LICENSED FIREARMS DEALERS AND THEIR
     3     EMPLOYEES ON HOW TO RECOGNIZE AND DETER THE ILLEGAL PURCHASE
     4     OF FIREARMS THROUGH STRAW PURCHASES. THIS PROGRAM IS AN
     5     IMPORTANT TOOL FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS
     6     AND EXPLOSIVES TO PURSUE ITS MISSION OF PREVENTING TERRORISM,
     7     REDUCING VIOLENT CRIME AND PROTECTING THE PUBLIC.
     8         (7)  THE NATIONALLY RECOGNIZED "DON'T LIE FOR THE OTHER
     9     GUY PROGRAM" HAS BEEN ENDORSED BY UNITED STATES ATTORNEYS
    10     THROUGHOUT THE NATION, VARIOUS LAW ENFORCEMENT AGENCIES, THE
    11     BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE
    12     DEPARTMENT OF JUSTICE.
    13         (8)  IT IS IN THE BEST INTEREST OF THIS COMMONWEALTH TO
    14     ESTABLISH A STRAW PURCHASE PREVENTION EDUCATION PROGRAM
    15     WITHIN THE OFFICE OF ATTORNEY GENERAL TO PROVIDE RESOURCES
    16     AND DIRECT GRANT MONEY TO THE "DON'T LIE FOR THE OTHER GUY
    17     PROGRAM" AND SIMILAR PROGRAMS THAT OFFER STRAW PURCHASE
    18     PREVENTION EDUCATION.
    19  § 6183.  DEFINITIONS.
    20     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
    21  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    22  CONTEXT CLEARLY INDICATES OTHERWISE:
    23     "FUND."  THE STRAW PURCHASE PREVENTION EDUCATION FUND
    24  ESTABLISHED IN SECTION 6186 (RELATING TO STRAW PURCHASE
    25  PREVENTION EDUCATION FUND).
    26     "PROGRAM."  THE STRAW PURCHASE PREVENTION EDUCATION PROGRAM
    27  ESTABLISHED IN SECTION 6184 (RELATING TO STRAW PURCHASE
    28  PREVENTION EDUCATION PROGRAM).
    29  § 6184.  STRAW PURCHASE PREVENTION EDUCATION PROGRAM.
    30     (A)  ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION
    20070H1845B4528                 - 24 -     

     1  PROGRAM IS ESTABLISHED AND SHALL PROVIDE RESOURCES AND DIRECT
     2  GRANT MONEY TO UNDERWRITE THE COST OF IMPLEMENTING AN
     3  EDUCATIONAL AND PUBLIC SERVICE OUTREACH PROGRAM IN THE
     4  COMMUNITY.
     5     (B)  OUTREACH.--THE EDUCATIONAL AND PUBLIC SERVICE OUTREACH
     6  PROGRAM SHALL INFORM INDIVIDUALS OF THE ILLEGAL NATURE OF
     7  PURCHASING A FIREARM FOR AN INDIVIDUAL PROHIBITED FROM OWNING
     8  FIREARMS. THE OUTREACH PROGRAM SHALL BE DEVELOPED BY A NOT-FOR-
     9  PROFIT ORGANIZATION WHICH:
    10         (1)  IS A NATIONAL TRADE ASSOCIATION REPRESENTING THE
    11     SHOOTING, HUNTING AND FIREARM INDUSTRY.
    12         (2)  HAS A MEMBERSHIP CONSISTING OF FIREARM
    13     MANUFACTURERS, FIREARM DISTRIBUTORS, FIREARM RETAILERS,
    14     PUBLISHERS AND SPORTSMEN'S ORGANIZATIONS.
    15         (3)  HAS BEEN IN EXISTENCE FOR AT LEAST 45 YEARS PRIOR TO
    16     THE EFFECTIVE DATE OF THIS SECTION.
    17     (C)  PRIORITY OF GRANTS.--GRANTS SHALL BE PRIORITIZED BASED
    18  ON THE HIGHEST INCIDENCE OF FIREARM VIOLENCE IN A COUNTY OF THIS
    19  COMMONWEALTH.
    20  § 6185.  POWERS AND DUTIES OF ATTORNEY GENERAL.
    21     IN ADDITION TO ANY OTHER POWERS AND DUTIES, THE ATTORNEY
    22  GENERAL OF THE COMMONWEALTH SHALL:
    23         (1)  ESTABLISH A GRANT PROGRAM TO PROVIDE MONEYS FROM THE
    24     FUND PURSUANT TO SECTION 6184 (RELATING TO STRAW PURCHASE
    25     PREVENTION EDUCATION PROGRAM).
    26         (2)  PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE
    27     PROVISIONS OF THIS SUBCHAPTER.
    28  § 6186.  STRAW PURCHASE PREVENTION EDUCATION FUND.
    29     (A)  ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION
    30  FUND IS HEREBY ESTABLISHED IN THE STATE TREASURY AS A RESTRICTED
    20070H1845B4528                 - 25 -     

     1  ACCOUNT. THE FUND SHALL CONSIST OF FUNDS APPROPRIATED BY THE
     2  GENERAL ASSEMBLY.
     3     (B)  CONTINUING APPROPRIATION.--ALL MONEYS IN THE FUND AND
     4  THE INTEREST ACCRUING THEREON ARE HEREBY APPROPRIATED TO THE
     5  OFFICE OF ATTORNEY GENERAL ON A CONTINUING BASIS TO CARRY OUT
     6  THE PROVISIONS OF THIS SUBCHAPTER.
     7  § 6187.  TRANSFER FOR INITIAL FUNDING.
     8     THE SUM OF $100,000 IS HEREBY TRANSFERRED FROM THE GENERAL
     9  FUND TO THE STRAW PURCHASE PREVENTION EDUCATION FUND FOR
    10  EXPENDITURE DURING THE FISCAL YEAR JULY 1, 2008 2009, TO JUNE     <--
    11  30, 2009 2010, TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER.    <--
    12     SECTION 8.1.  SECTION 9152(D) AND (E) OF TITLE 18 ARE AMENDED  <--
    13  TO READ:
    14  § 9152.  PROCEDURE.                                               <--
    15     * * *
    16     (D)  REVIEW OF CHALLENGE.--ALL CRIMINAL JUSTICE AGENCIES
    17  SHALL HAVE 60 DAYS TO CONDUCT A REVIEW OF ANY CHALLENGE AND
    18  SHALL HAVE THE BURDEN OF PROVING THE ACCURACY OF THE RECORD. THE
    19  DECISION ON THE CHALLENGE SHALL INCLUDE ALL INFORMATION,
    20  INCLUDING, BUT NOT LIMITED TO, THE JURISDICTION AND DOCKET
    21  NUMBER OF ANY RELEVANT COURT DECISION WHICH FORMED A BASIS FOR
    22  THE DECISION. IF THE CHALLENGE IS DEEMED VALID, THE APPROPRIATE
    23  OFFICIALS MUST ENSURE THAT:
    24         (1)  THE CRIMINAL HISTORY RECORD INFORMATION IS
    25     CORRECTED.
    26         (2)  A CERTIFIED AND CORRECTED COPY OF THE CRIMINAL
    27     HISTORY RECORD INFORMATION IS PROVIDED TO THE INDIVIDUAL.
    28         (3)  PRIOR ERRONEOUS CRIMINAL HISTORY RECORD INFORMATION
    29     DISSEMINATED TO CRIMINAL JUSTICE AGENCIES SHALL BE DESTROYED
    30     OR RETURNED AND REPLACED WITH CORRECTED INFORMATION.
    20070H1845B4528                 - 26 -     

     1         (4)  THE INDIVIDUAL IS SUPPLIED WITH THE NAMES OF THOSE
     2     NONCRIMINAL JUSTICE AGENCIES AND INDIVIDUALS WHICH HAVE
     3     RECEIVED ERRONEOUS CRIMINAL HISTORY RECORD INFORMATION.
     4     (E)  APPEALS.--
     5         (1)  IF THE CHALLENGE IS RULED INVALID, AN INDIVIDUAL HAS
     6     THE RIGHT TO APPEAL THE DECISION TO THE ATTORNEY GENERAL
     7     WITHIN 30 DAYS OF NOTIFICATION OF THE DECISION BY THE
     8     CRIMINAL JUSTICE AGENCY.
     9         (2)  THE ATTORNEY GENERAL SHALL [HAVE THE AUTHORITY TO
    10     CONDUCT ADMINISTRATIVE APPEAL HEARINGS] CONDUCT A HEARING DE
    11     NOVO IN ACCORDANCE WITH THE ADMINISTRATIVE AGENCY LAW. THE
    12     BURDEN OF PROOF SHALL BE UPON THE PARTY BEARING THE BURDEN OF
    13     PROOF ON THE CHALLENGE.
    14         (3)  THE DECISION OF THE ATTORNEY GENERAL MAY BE APPEALED
    15     TO THE COMMONWEALTH COURT BY AN AGGRIEVED INDIVIDUAL.
    16     SECTION 8.  CHAPTER 61 OF TITLE 18 IS AMENDED BY ADDING A      <--
    17  SUBCHAPTER TO READ:
    18                            SUBCHAPTER D
    19                     STRAW PURCHASE PREVENTION
    20                         EDUCATION PROGRAM
    21  SEC.
    22  6181.  SCOPE OF SUBCHAPTER.
    23  6182.  LEGISLATIVE FINDINGS AND DECLARATIONS.
    24  6183.  DEFINITIONS.
    25  6184.  STRAW PURCHASE PREVENTION EDUCATION PROGRAM.
    26  6185.  POWERS AND DUTIES OF ATTORNEY GENERAL.
    27  6186.  STRAW PURCHASE PREVENTION EDUCATION FUND.
    28  6187.  TRANSFER FOR INITIAL FUNDING.
    29  § 6181.  SCOPE OF SUBCHAPTER.
    30     THIS SUBCHAPTER PROVIDES FOR THE ESTABLISHMENT OF THE STRAW
    20070H1845B4528                 - 27 -     

     1  PURCHASE PREVENTION EDUCATION PROGRAM WITHIN THE OFFICE OF
     2  ATTORNEY GENERAL.
     3  § 6182.  LEGISLATIVE FINDINGS AND DECLARATIONS.
     4     THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
     5         (1)  THE ILLEGAL PURCHASE OF FIREARMS THROUGHOUT THIS
     6     COMMONWEALTH IS A THREAT TO PUBLIC SAFETY AND SECURITY.
     7         (2)  URBAN AREAS ARE EXPERIENCING INCREASED VIOLENCE AS A
     8     RESULT OF CRIMINAL MISUSE OF FIREARMS. STEMMING THE FLOW OF
     9     THESE ILLEGAL FIREARMS THROUGH STRAW PURCHASES WILL HELP TO
    10     CURB THE CRIME RATE THROUGHOUT THIS COMMONWEALTH AND INCREASE
    11     PUBLIC SAFETY.
    12         (3)  EDUCATING THE PUBLIC THAT ILLEGALLY PURCHASING A
    13     FIREARM FOR SOMEONE OTHERWISE PROHIBITED FROM POSSESSING ONE
    14     IS A SERIOUS CRIME AND PUNISHABLE UNDER FEDERAL LAW BY TEN
    15     YEARS' IMPRISONMENT ADVANCES PUBLIC SAFETY.
    16         (4)  COMMITTED TO EDUCATING FIREARMS DEALERS AND THE
    17     GENERAL PUBLIC, THE NATIONAL SHOOTING SPORTS FOUNDATION, IN
    18     PARTNERSHIP WITH THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
    19     EXPLOSIVES, IN JULY 2000 CREATED THE "DON'T LIE FOR THE OTHER
    20     GUY PROGRAM."
    21         (5)  THE "DON'T LIE FOR THE OTHER GUY PROGRAM" WAS
    22     DEVELOPED TO RAISE PUBLIC AWARENESS THAT IT IS A SERIOUS
    23     CRIME TO PURCHASE A FIREARM FOR SOMEONE WHO CANNOT LEGALLY DO
    24     SO AND TO EDUCATE FIREARMS DEALERS ON HOW TO BETTER DETECT
    25     AND DETER POTENTIAL STRAW PURCHASES. THE CAMPAIGN DELIVERS
    26     THE MESSAGE THAT ANYONE ATTEMPTING AN ILLEGAL FIREARM
    27     PURCHASE FACES A STIFF FEDERAL PENALTY.
    28         (6)  THE "DON'T LIE FOR THE OTHER GUY PROGRAM" IS VITAL
    29     TO EDUCATING FEDERALLY LICENSED FIREARMS DEALERS AND THEIR
    30     EMPLOYEES ON HOW TO RECOGNIZE AND DETER THE ILLEGAL PURCHASE
    20070H1845B4528                 - 28 -     

     1     OF FIREARMS THROUGH STRAW PURCHASES. THIS PROGRAM IS AN
     2     IMPORTANT TOOL FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS
     3     AND EXPLOSIVES TO PURSUE ITS MISSION OF PREVENTING TERRORISM,
     4     REDUCING VIOLENT CRIME AND PROTECTING THE PUBLIC.
     5         (7)  THE NATIONALLY RECOGNIZED "DON'T LIE FOR THE OTHER
     6     GUY PROGRAM" HAS BEEN ENDORSED BY UNITED STATES ATTORNEYS
     7     THROUGHOUT THE NATION, VARIOUS LAW ENFORCEMENT AGENCIES, THE
     8     BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE
     9     DEPARTMENT OF JUSTICE.
    10         (8)  IT IS IN THE BEST INTEREST OF THIS COMMONWEALTH TO
    11     ESTABLISH A STRAW PURCHASE PREVENTION EDUCATION PROGRAM
    12     WITHIN THE OFFICE OF ATTORNEY GENERAL TO PROVIDE RESOURCES
    13     AND DIRECT GRANT MONEY TO THE "DON'T LIE FOR THE OTHER GUY
    14     PROGRAM" AND SIMILAR PROGRAMS THAT OFFER STRAW PURCHASE
    15     PREVENTION EDUCATION.
    16  § 6183.  DEFINITIONS.
    17     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
    18  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    19  CONTEXT CLEARLY INDICATES OTHERWISE:
    20     "FUND."  THE STRAW PURCHASE PREVENTION EDUCATION FUND
    21  ESTABLISHED IN SECTION 6186 (RELATING TO STRAW PURCHASE
    22  PREVENTION EDUCATION FUND).
    23     "PROGRAM."  THE STRAW PURCHASE PREVENTION EDUCATION PROGRAM
    24  ESTABLISHED IN SECTION 6184 (RELATING TO STRAW PURCHASE
    25  PREVENTION EDUCATION PROGRAM).
    26  § 6184.  STRAW PURCHASE PREVENTION EDUCATION PROGRAM.
    27     (A)  ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION
    28  PROGRAM IS ESTABLISHED AND SHALL PROVIDE RESOURCES AND DIRECT
    29  GRANT MONEY TO UNDERWRITE THE COST OF IMPLEMENTING AN
    30  EDUCATIONAL AND PUBLIC SERVICE OUTREACH PROGRAM IN THE
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     1  COMMUNITY.
     2     (B)  OUTREACH.--THE EDUCATIONAL AND PUBLIC SERVICE OUTREACH
     3  PROGRAM SHALL INFORM INDIVIDUALS OF THE ILLEGAL NATURE OF
     4  PURCHASING A FIREARM FOR AN INDIVIDUAL PROHIBITED FROM OWNING
     5  FIREARMS. THE OUTREACH PROGRAM SHALL BE DEVELOPED BY A NOT-FOR-
     6  PROFIT ORGANIZATION WHICH:
     7         (1)  IS A NATIONAL TRADE ASSOCIATION REPRESENTING THE
     8     SHOOTING, HUNTING AND FIREARM INDUSTRY.
     9         (2)  HAS A MEMBERSHIP CONSISTING OF FIREARM
    10     MANUFACTURERS, FIREARM DISTRIBUTORS, FIREARM RETAILERS,
    11     PUBLISHERS AND SPORTSMEN'S ORGANIZATIONS.
    12         (3)  HAS BEEN IN EXISTENCE FOR AT LEAST 45 YEARS PRIOR TO
    13     THE EFFECTIVE DATE OF THIS SECTION.
    14     (C)  PRIORITY OF GRANTS.--GRANTS SHALL BE PRIORITIZED BASED
    15  ON THE HIGHEST INCIDENCE OF FIREARM VIOLENCE IN A COUNTY OF THIS
    16  COMMONWEALTH.
    17  § 6185.  POWERS AND DUTIES OF ATTORNEY GENERAL.
    18     IN ADDITION TO ANY OTHER POWERS AND DUTIES, THE ATTORNEY
    19  GENERAL OF THE COMMONWEALTH SHALL:
    20         (1)  ESTABLISH A GRANT PROGRAM TO PROVIDE MONEYS FROM THE
    21     FUND PURSUANT TO SECTION 6184 (RELATING TO STRAW PURCHASE
    22     PREVENTION EDUCATION PROGRAM).
    23         (2)  PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE
    24     PROVISIONS OF THIS SUBCHAPTER.
    25  § 6186.  STRAW PURCHASE PREVENTION EDUCATION FUND.
    26     (A)  ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION
    27  FUND IS HEREBY ESTABLISHED IN THE STATE TREASURY AS A RESTRICTED
    28  ACCOUNT. THE FUND SHALL CONSIST OF FUNDS APPROPRIATED BY THE
    29  GENERAL ASSEMBLY.
    30     (B)  CONTINUING APPROPRIATION.--ALL MONEYS IN THE FUND AND
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     1  THE INTEREST ACCRUING THEREON ARE HEREBY APPROPRIATED TO THE
     2  OFFICE OF ATTORNEY GENERAL ON A CONTINUING BASIS TO CARRY OUT
     3  THE PROVISIONS OF THIS SUBCHAPTER.
     4  § 6187.  TRANSFER FOR INITIAL FUNDING.
     5     THE SUM OF $100,000 IS HEREBY TRANSFERRED FROM THE GENERAL
     6  FUND TO THE STRAW PURCHASE PREVENTION EDUCATION FUND FOR
     7  EXPENDITURE DURING THE FISCAL YEAR JULY 1, 2008 2009, TO JUNE     <--
     8  30, 2009 2010, TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER.    <--
     9     Section 8 9.  Section 5552(b)(1) and (c) of Title 42 are       <--
    10  amended to read:
    11  § 5552.  Other offenses.
    12     * * *
    13     (b)  Major offenses.--A prosecution for any of the following
    14  offenses must be commenced within five years after it is
    15  committed:
    16         (1)  Under the following provisions of Title 18 (relating
    17     to crimes and offenses):
    18             Section 901 (relating to criminal attempt) involving
    19         attempt to commit murder where no murder occurs.
    20             Section 902 (relating to criminal solicitation)
    21         involving solicitation to commit murder where no murder
    22         occurs.
    23             Section 903 (relating to criminal conspiracy)
    24         involving conspiracy to commit murder where no murder
    25         occurs.
    26             Section 911 (relating to corrupt organizations).
    27             Section 2702 (relating to aggravated assault).
    28             Section 2706 (relating to terroristic threats).
    29             Section 2713 (relating to neglect of care-dependent
    30         person).
    20070H1845B4528                 - 31 -     

     1             Section 2901 (relating to kidnapping).
     2             Section 3301 (relating to arson and related
     3         offenses).
     4             Section 3502 (relating to burglary).
     5             Section 3701 (relating to robbery).
     6             Section 3921 (relating to theft by unlawful taking or
     7         disposition) through section 3933 (relating to unlawful
     8         use of computer).
     9             Section 4101 (relating to forgery).
    10             Section 4107 (relating to deceptive or fraudulent
    11         business practices).
    12             Section 4108 (relating to commercial bribery and
    13         breach of duty to act disinterestedly).
    14             Section 4109 (relating to rigging publicly exhibited
    15         contest).
    16             Section 4117 (relating to insurance fraud).
    17             Section 4701 (relating to bribery in official and
    18         political matters) through section 4703 (relating to
    19         retaliation for past official action).
    20             Section 4902 (relating to perjury) through section
    21         4912 (relating to impersonating a public servant).
    22             Section 4952 (relating to intimidation of witnesses
    23         or victims).
    24             Section 4953 (relating to retaliation against witness
    25         [or victim], victim or party).
    26             Section 5101 (relating to obstructing administration
    27         of law or other governmental function).
    28             Section 5111 (relating to dealing in proceeds of
    29         unlawful activities).
    30             Section 5512 (relating to lotteries, etc.) through
    20070H1845B4528                 - 32 -     

     1         section 5514 (relating to pool selling and bookmaking).
     2             Section 5902(b) (relating to prostitution and related
     3         offenses).
     4             Section 6111(g)(2) and (4) (relating to sale or
     5         transfer of firearms).
     6         * * *
     7     (c)  Exceptions.--If the period prescribed in subsection (a),
     8  (b) or (b.1) has expired, a prosecution may nevertheless be
     9  commenced for:
    10         * * *
    11         (4)  An offense in violation of 18 Pa.C.S. § 6111(c) or
    12     (g) (relating to sale or transfer of firearms), within one
    13     year of its discovery by State or local law enforcement, but
    14     in no case shall this paragraph extend the period of
    15     limitation otherwise applicable by more than eight years.
    16     * * *
    17     SECTION 9.1.  TITLE 42 IS AMENDED BY ADDING A SECTION TO       <--
    18  READ:
    19  § 9719.1.  SENTENCES FOR OFFENSES COMMITTED AGAINST LAW
    20             ENFORCEMENT OFFICER.
    21     (A)  MANDATORY SENTENCE.--A PERSON CONVICTED OF THE FOLLOWING
    22  OFFENSE SHALL BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT
    23  AS FOLLOWS:
    24         18 PA.C.S. § 2702.1(A) (RELATING TO ASSAULT OF LAW
    25     ENFORCEMENT OFFICER) - NOT LESS THAN 20 YEARS.
    26     (B)  AUTHORITY OF COURT IN SENTENCING.--THERE SHALL BE NO
    27  AUTHORITY IN ANY COURT TO IMPOSE ON AN OFFENDER TO WHICH THIS
    28  SECTION IS APPLICABLE ANY LESSER SENTENCE THAN PROVIDED FOR IN
    29  SUBSECTION (A) OR TO PLACE SUCH OFFENDER ON PROBATION OR TO
    30  SUSPEND SENTENCE. NOTHING IN THIS SECTION SHALL PREVENT THE
    20070H1845B4528                 - 33 -     

     1  SENTENCING COURT FROM IMPOSING A SENTENCE GREATER THAN THAT
     2  PROVIDED IN THIS SECTION. SENTENCING GUIDELINES PROMULGATED BY
     3  THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL NOT SUPERSEDE
     4  THE MANDATORY SENTENCES PROVIDED IN THIS SECTION.
     5     (C)  APPEAL BY COMMONWEALTH.--IF A SENTENCING COURT REFUSES
     6  TO APPLY THIS SECTION WHERE APPLICABLE, THE COMMONWEALTH SHALL
     7  HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE
     8  SENTENCING COURT. THE APPELLATE COURT SHALL VACATE THE SENTENCE
     9  AND REMAND THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A
    10  SENTENCE IN ACCORDANCE WITH THIS SECTION IF IT FINDS THAT THE
    11  SENTENCE WAS IMPOSED IN VIOLATION OF THIS SECTION.
    12     (D)  DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
    13  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
    14  SUBSECTION:
    15     "LAW ENFORCEMENT OFFICER."  THE TERM SHALL HAVE THE SAME
    16  MEANING AS THE TERM "PEACE OFFICER" IS GIVEN UNDER 18 PA.C.S. §
    17  501 (RELATING TO DEFINITIONS).
    18     Section 9 10.  The provisions of 17 Pa. Code § 11.215          <--
    19  (relating to weapons and hunting) are abrogated to the extent
    20  they apply to any person identified under 18 Pa.C.S. §
    21  6109(m.2).
    22     Section 10 11.  This act shall take effect in 60 days. AS      <--
    23  FOLLOWS:
    24         (1)  THE AMENDMENT OF 18 PA.C.S. §§ 6111.1(E) AND 9152(D)
    25     AND (E) SHALL TAKE EFFECT IMMEDIATELY.
    26         (2)  THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
    27         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
    28     DAYS.


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