18c1101h

 

 

CHAPTER 11

AUTHORIZED DISPOSITION OF OFFENDERS

 

Sec.

1101.  Fines.

1102.  Sentence for murder, murder of unborn child and murder of law enforcement officer.

1102.1. Sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer.

1103.  Sentence of imprisonment for felony.

1104.  Sentence of imprisonment for misdemeanors.

1105.  Sentence of imprisonment for summary offenses.

1106.  Restitution for injuries to person or property.

1107.  Restitution for theft of timber.

1107.1. Restitution for identity theft.

1108.  District attorneys' standing and interest in prisoner litigation.

1109.  Costs.

1110.  Restitution for cleanup of clandestine laboratories.

 

Enactment.  Chapter 11 was added December 6, 1972, P.L.1482, No.334, effective in six months.

Cross References.  Chapter 11 is referred to in section 305 of this title.

18c1101s

§ 1101.  Fines.

A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:

(1)  $50,000, when the conviction is of murder or attempted murder.

(2)  $25,000, when the conviction is of a felony of the first or second degree.

(3)  $15,000, when the conviction is of a felony of the third degree.

(4)  $10,000, when the conviction is of a misdemeanor of the first degree.

(5)  $5,000, when the conviction is of a misdemeanor of the second degree.

(6)  $2,500, when the conviction is of a misdemeanor of the third degree.

(7)  $300, when the conviction is of a summary offense for which no higher fine is established.

(8)  Any higher amount equal to double the pecuniary gain derived from the offense by the offender.

(9)  Any higher or lower amount specifically authorized by statute.

18c1101v

(Mar. 22, 1974, P.L.210, No.44, eff. imd.; Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 25, 1988, P.L.262, No.31, eff. 60 days; Mar. 9, 1995, 1st Sp.Sess., P.L.964, No.3, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.970, No.5, eff. 60 days)

 

1995 Amendments.  Act 5, 1st Sp.Sess., overlooked the amendment by Act 3, 1st Sp.Sess., but the amendments do not conflict in substance and both have been given effect in setting forth the text of section 1101.

Cross References.  Section 1101 is referred to in sections 910, 3308 of this title; section 1571 of Title 75 (Vehicles).

18c1102s

§ 1102.  Sentence for murder, murder of unborn child and murder of law enforcement officer.

(a)  First degree.--

(1)  Except as provided under section 1102.1 (relating to sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer), a person who has been convicted of a murder of the first degree or of murder of a law enforcement officer of the first degree shall be sentenced to death or to a term of life imprisonment in accordance with 42 Pa.C.S. § 9711 (relating to sentencing procedure for murder of the first degree).

(2)  The sentence for a person who has been convicted of first degree murder of an unborn child shall be the same as the sentence for murder of the first degree, except that the death penalty shall not be imposed. This paragraph shall not affect the determination of an aggravating circumstance under 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant woman.

(b)  Second degree.--Except as provided under section 1102.1, a person who has been convicted of murder of the second degree, of second degree murder of an unborn child or of second degree murder of a law enforcement officer shall be sentenced to a term of life imprisonment.

(c)  Attempt, solicitation and conspiracy.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony), a person who has been convicted of attempt, solicitation or conspiracy to commit murder, murder of an unborn child or murder of a law enforcement officer where serious bodily injury results may be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years. Where serious bodily injury does not result, the person may be sentenced to a term of imprisonment which shall be fixed by the court at not more than 20 years.

(d)  Third degree.--Notwithstanding section 1103, a person who has been convicted of murder of the third degree or of third degree murder of an unborn child shall be sentenced to a term which shall be fixed by the court at not more than 40 years.

18c1102v

(Mar. 26, 1974, P.L.213, No.46, eff. imd.; Mar. 9, 1995, 1st Sp.Sess., P.L.964, No.3, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.970, No.5, eff. 60 days; Oct. 2, 1997, P.L.379, No.44, eff. 180 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. imd.)

 

2012 Amendment.  Act 204 amended subsecs. (a)(1) and (b).

2008 Amendment.  Act 131 amended the section heading and subsecs. (a), (b) and (c).

Cross References.  Section 1102 is referred to in sections 106, 2604 of this title.

18c1102.1s

§ 1102.1.  Sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer.

(a)  First degree murder.--A person who has been convicted after June 24, 2012, of a murder of the first degree, first degree murder of an unborn child or murder of a law enforcement officer of the first degree and who was under the age of 18 at the time of the commission of the offense shall be sentenced as follows:

(1)  A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of life imprisonment without parole, or a term of imprisonment, the minimum of which shall be at least 35 years to life.

(2)  A person who at the time of the commission of the offense was under 15 years of age shall be sentenced to a term of life imprisonment without parole, or a term of imprisonment, the minimum of which shall be at least 25 years to life.

(b)  Notice.--Reasonable notice to the defendant of the Commonwealth's intention to seek a sentence of life imprisonment without parole under subsection (a) shall be provided after conviction and before sentencing.

(c)  Second degree murder.--A person who has been convicted after June 24, 2012, of a murder of the second degree, second degree murder of an unborn child or murder of a law enforcement officer of the second degree and who was under the age of 18 at the time of the commission of the offense shall be sentenced as follows:

(1)  A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of imprisonment the minimum of which shall be at least 30 years to life.

(2)  A person who at the time of the commission of the offense was under 15 years of age shall be sentenced to a term of imprisonment the minimum of which shall be at least 20 years to life.

(d)  Findings.--In determining whether to impose a sentence of life without parole under subsection (a), the court shall consider and make findings on the record regarding the following:

(1)  The impact of the offense on each victim, including oral and written victim impact statements made or submitted by family members of the victim detailing the physical, psychological and economic effects of the crime on the victim and the victim's family. A victim impact statement may include comment on the sentence of the defendant.

(2)  The impact of the offense on the community.

(3)  The threat to the safety of the public or any individual posed by the defendant.

(4)  The nature and circumstances of the offense committed by the defendant.

(5)  The degree of the defendant's culpability.

(6)  Guidelines for sentencing and resentencing adopted by the Pennsylvania Commission on Sentencing.

(7)  Age-related characteristics of the defendant, including:

(i)  Age.

(ii)  Mental capacity.

(iii)  Maturity.

(iv)  The degree of criminal sophistication exhibited by the defendant.

(v)  The nature and extent of any prior delinquent or criminal history, including the success or failure of any previous attempts by the court to rehabilitate the defendant.

(vi)  Probation or institutional reports.

(vii)  Other relevant factors.

(e)  Minimum sentence.--Nothing under this section shall prevent the sentencing court from imposing a minimum sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing may not supersede the mandatory minimum sentences provided under this section.

(f)  Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

18c1102.1v

(Oct. 25, 2012, P.L.1655, No.204, eff. imd.)

 

2012 Amendment.  Act 204 added section 1102.1.

Cross References.  Section 1102.1 is referred to in section 1102 of this title; section 6139 of Title 61 (Prisons and Parole).

18c1103s

§ 1103.  Sentence of imprisonment for felony.

Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows:

(1)  In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years.

(2)  In the case of a felony of the second degree, for a term which shall be fixed by the court at not more than ten years.

(3)  In the case of a felony of the third degree, for a term which shall be fixed by the court at not more than seven years.

18c1103v

(Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days)

 

Cross References.  Section 1103 is referred to in sections 1102, 2702.1, 3121, 3123 of this title; sections 9714, 9718.2 of Title 42 (Judiciary and Judicial Procedure); section 1571 of Title 75 (Vehicles).

18c1104s

§ 1104.  Sentence of imprisonment for misdemeanors.

A person who has been convicted of a misdemeanor may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall be not more than:

(1)  Five years in the case of a misdemeanor of the first degree.

(2)  Two years in the case of a misdemeanor of the second degree.

(3)  One year in the case of a misdemeanor of the third degree.

18c1104v

 

Cross References.  Section 1104 is referred to in section 1571 of Title 75 (Vehicles).

18c1105s

§ 1105.  Sentence of imprisonment for summary offenses.

A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days.

18c1106s

§ 1106.  Restitution for injuries to person or property.

(a)  General rule.--Upon conviction for any crime wherein property has been stolen, converted or otherwise unlawfully obtained, or its value substantially decreased as a direct result of the crime, or wherein the victim suffered personal injury directly resulting from the crime, the offender shall be sentenced to make restitution in addition to the punishment prescribed therefor.

(b)  Condition of probation or parole.--Whenever restitution has been ordered pursuant to subsection (a) and the offender has been placed on probation or parole, his compliance with such order may be made a condition of such probation or parole.

(c)  Mandatory restitution.--

(1)  The court shall order full restitution:

(i)  Regardless of the current financial resources of the defendant, so as to provide the victim with the fullest compensation for the loss. The court shall not reduce a restitution award by any amount that the victim has received from the Crime Victim's Compensation Board or other governmental agency but shall order the defendant to pay any restitution ordered for loss previously compensated by the board to the Crime Victim's Compensation Fund or other designated account when the claim involves a government agency in addition to or in place of the board. The court shall not reduce a restitution award by any amount that the victim has received from an insurance company but shall order the defendant to pay any restitution ordered for loss previously compensated by an insurance company to the insurance company.

(ii)  If restitution to more than one person is set at the same time, the court shall set priorities of payment. However, when establishing priorities, the court shall order payment in the following order:

(A)  The victim.

(B)  The Crime Victim's Compensation Board.

(C)  Any other government agency which has provided reimbursement to the victim as a result of the defendant's criminal conduct.

(D)  Any insurance company which has provided reimbursement to the victim as a result of the defendant's criminal conduct.

(2)  At the time of sentencing the court shall specify the amount and method of restitution. In determining the amount and method of restitution, the court:

(i)  Shall consider the extent of injury suffered by the victim, the victim's request for restitution as presented to the district attorney in accordance with paragraph (4) and such other matters as it deems appropriate.

(ii)  May order restitution in a lump sum, by monthly installments or according to such other schedule as it deems just.

(iii)  Shall not order incarceration of a defendant for failure to pay restitution if the failure results from the offender's inability to pay.

(iv)  Shall consider any other preexisting orders imposed on the defendant, including, but not limited to, orders imposed under this title or any other title.

(v)  (Deleted by amendment).

(3)  The court may, at any time or upon the recommendation of the district attorney that is based on information received from the victim and the probation section of the county or other agent designated by the county commissioners of the county with the approval of the president judge to collect restitution, alter or amend any order of restitution made pursuant to paragraph (2), provided, however, that the court states its reasons and conclusions as a matter of record for any change or amendment to any previous order.

(4) (i)  It shall be the responsibility of the district attorneys of the respective counties to make a recommendation to the court at or prior to the time of sentencing as to the amount of restitution to be ordered. This recommendation shall be based upon information solicited by the district attorney and received from the victim.

(ii)  Where the district attorney has solicited information from the victims as provided in subparagraph (i) and has received no response, the district attorney shall, based on other available information, make a recommendation to the court for restitution.

(iii)  The district attorney may, as appropriate, recommend to the court that the restitution order be altered or amended as provided in paragraph (3).

(d)  Limitations on district justices.--Restitution ordered by a magisterial district judge shall be limited to the return of the actual property or its undisputed dollar amount or, where the claim for restitution does not exceed the civil jurisdictional limit specified in 42 Pa.C.S. § 1515(a)(3) (relating to jurisdiction) and is disputed as to amount, the magisterial district judge shall determine and order the dollar amount of restitution to be made.

(e)  Restitution payments and records.--Restitution, when ordered by a judge, shall be made by the offender to the probation section of the county in which he was convicted or to another agent designated by the county commissioners with the approval of the president judge of the county to collect restitution according to the order of the court or, when ordered by a magisterial district judge, shall be made to the magisterial district judge. The probation section or other agent designated by the county commissioners of the county with the approval of the president judge to collect restitution and the magisterial district judge shall maintain records of the restitution order and its satisfaction and shall forward to the victim the property or payments made pursuant to the restitution order.

(f)  Noncompliance with restitution order.--Whenever the offender shall fail to make restitution as provided in the order of a judge, the probation section or other agent designated by the county commissioners of the county with the approval of the president judge to collect restitution shall notify the court within 20 days of such failure. Whenever the offender shall fail to make restitution within 20 days to a magisterial district judge, as ordered, the magisterial district judge shall declare the offender in contempt and forward the case to the court of common pleas. Upon such notice of failure to make restitution, or upon receipt of the contempt decision from a magisterial district judge, the court shall order a hearing to determine if the offender is in contempt of court or has violated his probation or parole.

(g)  Preservation of private remedies.--No judgment or order of restitution shall debar the owner of the property or the victim who sustained personal injury, by appropriate action, to recover from the offender as otherwise provided by law, provided that any civil award shall be reduced by the amount paid under the criminal judgment.

(h)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Crime."  Any offense punishable under this title or by a magisterial district judge.

"Injury to property."  Loss of real or personal property, including negotiable instruments, or decrease in its value, directly resulting from the crime.

"Offender."  Any person who has been found guilty of any crime.

"Personal injury."  Actual bodily harm, including pregnancy, directly resulting from the crime.

"Property."  Any real or personal property, including currency and negotiable instruments, of the victim.

"Restitution."  The return of the property of the victim or payments in cash or the equivalent thereof pursuant to an order of the court.

"Victim."  As defined in section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. The term includes the Crime Victim's Compensation Fund if compensation has been paid by the Crime Victim's Compensation Fund to the victim and any insurance company that has compensated the victim for loss under an insurance contract.

18c1106v

(June 18, 1976, P.L.394, No.86, eff. 60 days; Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. 60 days; Dec. 3, 1998, P.L.933, No.121, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

 

2004 Amendment.  Act 207 amended subsecs. (d), (e) and (f) and the def. of "crime" in subsec. (h). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.

1998 Amendment.  Act 121 amended subsecs. (a), (c), (e) and (f).

1995 Amendment.  Act 12, 1st Sp.Sess., amended subsec. (c) and the def. of "victim" in subsec. (h)

1978 Amendment.  Act 53 amended subsecs. (d), (e), (f) and (h).

1976 Amendment.  Act 86 added section 1106.

References in Text.  Section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, referred to in the def. of "victim," was repealed by the act of November 24, 1998 (P.L.882, No.111). The subject matter is now contained in Act 111.

Cross References.  Section 1106 is referred to in sections 910, 3020, 3926, 4116 of this title; sections 8316.1, 9728 of Title 42 (Judiciary and Judicial Procedure); section 6126 of Title 75 (Vehicles).

18c1107s

§ 1107.  Restitution for theft of timber.

Any person convicted for the theft of standing timber under section 3921 (relating to theft by unlawful taking or disposition) shall, in addition to any other sentence imposed, be sentenced to pay the owner of the timber restitution in an amount twice the value of the timber taken.

18c1107v

(Oct. 11, 1984, P.L.892, No.173, eff. imd.)

 

1984 Amendment.  Act 173 added section 1107.

Cross References.  Section 1107 is referred to in section 8311 of Title 42 (Judiciary and Judicial Procedure).

18c1107.1s

§ 1107.1.  Restitution for identity theft.

(a)  General rule.--The court shall, in addition to any other restitution sentence or order authorized by law, sentence a person convicted of a violation of section 4106 (relating to access device fraud) or 4120 (relating to identity theft) to make restitution for all reasonable expenses incurred by the victim or on the victim's behalf:

(1)  to investigate theft of the victim's identity;

(2)  to bring or defend civil or criminal actions related to theft of the victim's identity; or

(3)  to take other efforts to correct the victim's credit record or negative credit reports related to theft of the victim's identity.

(b)  Types of expenses.--The types of expenses recoverable under this section include, but are not limited to:

(1)  fees for professional services by attorneys or accountants;

(2)  fees and costs imposed by credit bureaus, associated with efforts to correct the victim's credit record, incurred in private investigations or associated with contesting unwarranted debt collections; and

(3)  court costs and filing fees.

18c1107.1v

(Sept. 18, 2009, P.L.391, No.42, eff. 60 days)

 

2009 Amendment.  Act 42 added section 1107.1.

18c1108s

§ 1108.  District attorneys' standing and interest in prisoner litigation.

The district attorney shall receive written notice of, and shall have automatic standing and a legal interest in, any proceeding which may involve the release or nonadmission of county prisoners, delinquents or detainees due to the fact, duration or other conditions of custody. In addition to the district attorney's rights in such a proceeding, the district attorney may seek any equitable relief necessary to protect the district attorney's interest in the continued institutional custody and admission of county prisoners, delinquents or detainees.

18c1108v

(Mar. 25, 1988, P.L.262, No.31, eff. 60 days)

 

1988 Amendment.  Act 31 added section 1108.

18c1109s

§ 1109.  Costs.

In addition to any other sentence imposed, the court may order an offender to pay the cost of any reward paid for the apprehension and conviction of the offender.

18c1109v

(Sept. 26, 1995, 1st Sp.Sess., P.L.1056, No.20, eff. 60 days)

 

1995 Amendment.  Act 20, 1st Sp.Sess., added section 1109. Section 4 of Act 20 provided that section 1109 shall apply to sentences imposed on or after the effective date of Act 20.

18c1110s

§ 1110.  Restitution for cleanup of clandestine laboratories.

(a)  General rule.--When any person is convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act involving the manufacture of a controlled substance, the court shall order the person to make restitution for the costs incurred in the cleanup, including labor costs, equipment and supplies, of any clandestine laboratory used by the person to manufacture the controlled substance.

(b)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Clandestine laboratory."  A location or site, including buildings or vehicles, in which glassware, heating devices, precursors or related reagents or solvents which are intended to be used or are used to unlawfully manufacture a controlled substance are located.

"Cleanup."  Actions necessary to contain, collect, control, identify, analyze, disassemble, treat, remove or otherwise disperse all substances and materials in a clandestine laboratory, including those found to be hazardous waste and any contamination caused by those substances or materials.

"The Controlled Substance, Drug, Device and Cosmetic Act."  The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

18c1110v

(Nov. 19, 2004, P.L.848, No.109, eff. 60 days)

 

2004 Amendment.  Act 109 added section 1110.

Cross References.  Section 1110 is referred to in section 7508.2 of this title.