THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TOOHIL, KAVULICH, BAKER, BOBACK, CALTAGIRONE, COHEN, D. COSTA, DAVIDSON, DEASY, DeLUCA, FLECK, GILLESPIE, GINGRICH, GOODMAN, GROVE, HESS, HICKERNELL, HORNAMAN, KILLION, MAJOR, MILLARD, MOUL, MUNDY, MURT, READSHAW, ROSS, SANTONI, SAYLOR, SCHMOTZER, STEPHENS, TAYLOR, GEIST AND BRENNAN, JUNE 25, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 2012  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for sentencing

for offenses committed in association with a criminal street

gang.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 9720.3.  Sentencing for offenses committed in association with

a criminal street gang.

(a)  Sentencing enhancement.--The Pennsylvania Commission on

Sentencing shall provide for a sentence enhancement for the

following:

(1)  Where a person commits a crime of violence or a

violation of section 13(a)(30) of the act of April 14, 1972

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

Device and Cosmetic Act, if the offense was knowingly

committed at the direction of or for the purpose of

benefiting, promoting or furthering the interests of a

criminal street gang.

(2)  Where a person causes, encourages, recruits,

solicits or coerces another to join, participate in or assist

a criminal street gang in committing any criminal offense

that is defined as a crime of violence or a violation of

section 13(a)(30) of The Controlled Substance, Drug, Device

and Cosmetic Act.

(3)  Where a person communicates, directly or indirectly,

to another person a threat of injury or damage to the person

or property of that person or to an associate or relative of

that person with the intent to do either of the following:

(i)  Deter the other person from assisting a gang

member or associate of a gang to withdraw from the gang.

(ii)  Punish or retaliate against the other person

for having withdrawn from a gang.

(b)  Proof at sentencing.--The provisions of this section

shall not be an element of the crime and notice of the

provisions of this section to the defendant shall not be

required prior to conviction, but reasonable notice of the

Commonwealth's intention to proceed under this section shall be

provided after conviction and before sentencing.

(c)  Applicability.--The applicability of this section shall

be determined at sentencing. The court shall consider any

evidence presented at trial and shall afford the Commonwealth

and the defendant an opportunity to present any necessary

additional evidence and shall determine, by a preponderance of

the evidence, if this section is applicable.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Crime of violence."  An offense under any of the following:

(1)  18 Pa.C.S. Ch. 25 (relating to criminal homicide).

(2)  18 Pa.C.S. Ch. 26 (relating to crimes against unborn

child).

(3)  18 Pa.C.S. Ch. 27 (relating to assault).

(4)  18 Pa.C.S. § 2901 (relating to kidnapping).

(5)  18 Pa.C.S. Ch. 31 (relating to sexual offenses).

(6)  18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

(7)  18 Pa.C.S. § 3301(a) (relating to arson and related

offenses).

(8)  18 Pa.C.S. § 3502 (relating to burglary), if at the

time of the offense the structure entered was adapted for

overnight accommodation.

(9)  18 Pa.C.S. § 3701 (relating to robbery).

(10)  18 Pa.C.S. § 3702 (relating to robbery of motor

vehicle).

(11)  An offense under 18 Pa.C.S. Ch. 49, Subch. B

(relating to victim and witness intimidation), involving a

witness to or a victim of a violation of any offense

enumerated under this definition.

(12)  A crime equivalent to one listed under this

subsection under the laws of this Commonwealth in effect at

the time of the commission of the offense.

(13)  A crime equivalent to one listed under this

subsection under Federal law or in a jurisdiction outside

this Commonwealth.

(14)  A criminal attempt, conspiracy or solicitation to

commit an offense enumerated under this subsection.

"Criminal street gang."  A formal or informal confederation,

alliance, network, conspiracy, understanding or similar

conjoining of persons who operate individually or collectively

as a group or subgroup, with or without an established

hierarchy, that, through its membership obtained by pledge,

oath, swearing, ritual, distinct membership markings, symbolism,

common identifiers or other criteria that law enforcement

personnel use to identify the groups or subgroups, engages in

criminal activity.

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