SENATE AMENDED

 

PRIOR PRINTER'S NOS. 3422, 3484

PRINTER'S NO.  4082

  

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, CALTAGIRONE, SWANGER, MARSHALL, FARRY, KORTZ AND GALLOWAY, APRIL 30, 2012

  

  

SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, SEPTEMBER 25, 2012   

  

  

  

AN ACT

  

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

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Judicial Procedure) Title 18 (Crimes and Offenses) of the

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Pennsylvania Consolidated Statutes, in firearms and other

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dangerous articles, further providing for persons not to

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possess, use, manufacture, control, sell or transfer

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firearms; and, in sentencing, further providing for sentences

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for second and subsequent offenses.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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

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Pennsylvania Consolidated Statutes is amended to read:

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

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or transfer firearms.

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* * *

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(a.1)  Penalty.--

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(1)  A person convicted of a felony enumerated under

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

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

 


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Device and Cosmetic Act, or any equivalent Federal statute or

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equivalent statute of any other state, who violates

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

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shall be sentenced to a minimum sentence of five years of

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total confinement, notwithstanding any other provision of law

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

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probation, prerelease, work release or furlough prior to

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completion of the minimum sentence..]:

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(i)  A felony of the second degree for a first

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offense.

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(ii)  A felony of the first degree for a second or

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subsequent offense. The Pennsylvania Commission on

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Sentencing pursuant to 42 Pa.C.S. § 2154 (relating to

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adoption of guidelines for sentencing) shall provide for

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a sentencing enhancement for a second or subsequent

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offense. In providing for a sentencing enhancement the

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commission may include factors, such as whether the

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firearm was loaded or unloaded at the time of the

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offense.

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

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

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§ 9714.  Sentences for second and subsequent offenses.

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

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violence" means murder of the third degree, voluntary

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

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

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involuntary deviate sexual intercourse, aggravated indecent

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

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

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burglary of a structure adapted for overnight accommodation in

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

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

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

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

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

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

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

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

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

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criminal attempt, criminal conspiracy or criminal solicitation

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to commit murder or any of the offenses listed above, or an

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equivalent crime under the laws of this Commonwealth in effect

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at the time of the commission of that offense or an equivalent

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crime in another jurisdiction.

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Section 3 2.  This act shall take effect in 60 days.

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