PRIOR PRINTER'S NO. 3422

PRINTER'S NO.  3484

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2331

Session of

2012

  

  

INTRODUCED BY STEPHENS, D. COSTA, GODSHALL, HACKETT, KAMPF, MARSICO, O'NEILL, SABATINA, TOEPEL, TRUITT, VEREB, VULAKOVICH AND CALTAGIRONE, APRIL 30, 2012

  

  

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 8, 2012   

  

  

  

AN ACT

  

1

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

2

Judicial Procedure) of the Pennsylvania Consolidated

3

Statutes, in firearms and other dangerous articles, further

4

providing for persons not to possess, use, manufacture,

5

control, sell or transfer firearms; and, in sentencing,

6

further providing for sentences for second and subsequent

7

offenses.

8

The General Assembly of the Commonwealth of Pennsylvania

9

hereby enacts as follows:

10

Section 1.  Section 6105(a.1)(1) of Title 18 of the

11

Pennsylvania Consolidated Statutes is amended to read:

12

§ 6105.  Persons not to possess, use, manufacture, control, sell

13

or transfer firearms.

14

* * *

15

(a.1)  Penalty.--

16

(1)  A person convicted of a felony enumerated under

17

subsection (b) or a felony under the act of April 14, 1972

18

(P.L.233, No.64), known as The Controlled Substance, Drug,

19

Device and Cosmetic Act, or any equivalent Federal statute or

 


1

equivalent statute of any other state, who violates

2

subsection (a) commits a felony of the second degree and

3

shall be sentenced to a minimum sentence of five years of

4

total confinement, notwithstanding any other provision of law

5

to the contrary, and shall not be eligible for parole,

6

probation, prerelease, work release or furlough prior to

7

completion of the minimum sentence.

8

* * *

9

Section 2.  Section 9714(g) of Title 42, amended July 7, 2011

10

(P.L.220, No.40), is amended to read:

11

§ 9714.  Sentences for second and subsequent offenses.

12

* * *

13

(g)  Definition.--As used in this section, the term "crime of

14

violence" means murder of the third degree, voluntary

15

manslaughter, aggravated assault as defined in 18 Pa.C.S. §

16

2702(a)(1) or (2) (relating to aggravated assault), rape,

17

involuntary deviate sexual intercourse, aggravated indecent

18

assault, incest, sexual assault, arson as defined in 18 Pa.C.S.

19

§ 3301(a) (relating to arson and related offenses), kidnapping,

20

burglary of a structure adapted for overnight accommodation in

21

which at the time of the offense any person is present, robbery

22

as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)

23

(relating to robbery), or robbery of a motor vehicle, drug

24

delivery resulting in death as defined in 18 Pa.C.S. § 2506(a)

25

(relating to drug delivery resulting in death), possession, use,

26

manufacture, control, sale or transfer of firearms as defined in

27

18 Pa.C.S. § 6105(a) (relating to persons not to possess, use,

28

manufacture, control, sell or transfer firearms) by a person

29

subject to penalties under 18 Pa.C.S. § 6105(a.1) 6105(a.1)(1), 

<--

30

or criminal attempt, criminal conspiracy or criminal

- 2 -

 


1

solicitation to commit murder or any of the offenses listed

2

above, or an equivalent crime under the laws of this

3

Commonwealth in effect at the time of the commission of that

4

offense or an equivalent crime in another jurisdiction.

5

Section 3.  This act shall take effect in 60 days.

- 3 -