THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, BOYD, D. COSTA, HORNAMAN, MURT, READSHAW, SWANGER, J. TAYLOR AND VULAKOVICH, JULY 10, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JULY 10, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

sentences for offenses committed with firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9712(a) of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 9712.  Sentences for offenses committed with firearms.

(a)  Mandatory sentence.--Except as provided under section

9716 (relating to two or more mandatory minimum sentences

applicable), any person who is convicted in any court of this

Commonwealth of a crime of violence as defined in section

9714(g) (relating to sentences for second and subsequent

offenses), shall[, if] be sentenced, notwithstanding any other

provision of this title or other statute to the contrary, to a

minimum sentence of at least ten years of total confinement, if 

the person visibly possessed a firearm or a replica of a

firearm, whether or not the firearm or replica was loaded or

functional, that placed the victim in reasonable fear of death

or serious bodily injury, during the commission of the offense. 

[, be sentenced to a minimum sentence of at least five years of

total confinement notwithstanding any other provision of this

title or other statute to the contrary.] Such persons shall not

be eligible for parole, probation, work release or furlough.

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Section 2.  This act shall take effect in 60 days.