1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in sentencing, further
3providing for sentences for offenses committed with firearms
4and for sentences for second and subsequent offenses.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 9712(a) of Title 42 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 9712. Sentences for offenses committed with firearms.

10(a) Mandatory sentence.--Except as provided under section
119716 (relating to two or more mandatory minimum sentences
12applicable), any person who is convicted in any court of this
13Commonwealth of a crime of violence as defined in section
149714(g) (relating to sentences for second and subsequent
15offenses), shall, if the person [visibly] possessed a firearm
16[or] during the commission of the offense, regardless of whether
 

1it was loaded or functional, or the person visibly possessed a
2replica of a firearm[, whether or not the firearm or replica was
3loaded or functional,] that placed the victim in reasonable fear
4of death or serious bodily injury, during the commission of the
5offense, be sentenced to a minimum sentence of at least five
6years of total confinement notwithstanding any other provision
7of this title or other statute to the contrary. Such persons
8shall not be eligible for parole, probation, work release or
9furlough.

10* * *

11Section 2. Section 9714(g) of Title 42, amended February 25, 
122014 (P.L.33, No.16), is amended to read:

13§ 9714. Sentences for second and subsequent offenses.

14* * *

15(g) Definition.--As used in this section, the term "crime of 
16violence" means murder of the third degree, voluntary 
17manslaughter, manslaughter of a law enforcement officer as 
18defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal 
19homicide of law enforcement officer), murder of the third degree 
20involving an unborn child as defined in 18 Pa.C.S. § 2604(c) 
21(relating to murder of unborn child), aggravated assault of an 
22unborn child as defined in 18 Pa.C.S. § 2606 (relating to 
23aggravated assault of unborn child), aggravated assault as 
24defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to 
25aggravated assault), assault of law enforcement officer as 
26defined in 18 Pa.C.S. § 2702.1 (relating to assault of law 
27enforcement officer), use of weapons of mass destruction as 
28defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass 
29destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) 
30(relating to terrorism), trafficking of persons when the offense
 

1is graded as a felony of the first degree as provided in 18 
2Pa.C.S. § 3002 (relating to trafficking of persons), rape, 
3involuntary deviate sexual intercourse, aggravated indecent 
4assault, incest, sexual assault, arson endangering persons or 
5aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) 
6(relating to arson and related offenses), ecoterrorism as 
7classified in 18 Pa.C.S. § 3311(b)(3) (relating to 
8ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 
93502(a)(1) (relating to burglary), robbery as defined in 18 
10Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or 
11robbery of a motor vehicle, drug delivery resulting in death as 
12defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery 
13resulting in death), possession, use, manufacture, control, sale 
14or transfer of firearms as defined in 18 Pa.C.S. § 6105(a) 
15(relating to persons not to possess, use, manufacture, control, 
16sell or transfer firearms) by a person <-subject to penalties 
17under 18 Pa.C.S. § 6105(a.1)(1), convicted of a felony 
<-<- 18enumerated under 18 Pa.C.S. § 6105(b) (relating to persons not 
19to possess, use, manufacture, control, sell or transfer 
20firearms) or a felony under the act of April 14, 1972 (P.L.233, 
21No.64), known as The Controlled Substance, Drug, Device and 
22Cosmetic Act, or any equivalent Federal statute or equivalent 
23statute of any other state punishable by a term of imprisonment 
24exceeding two years, or criminal attempt, criminal conspiracy or 
25criminal solicitation to commit murder or any of the offenses 
26listed above, or an equivalent crime under the laws of this 
27Commonwealth in effect at the time of the commission of that 
28offense or an equivalent crime in another jurisdiction.

29Section 3. This act shall take effect in 60 days.