PRINTER'S NO. 2307

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1601

Session of

2015

INTRODUCED BY VEREB, MARSICO, BAKER, D. COSTA, GROVE, A. HARRIS,

KAUFFMAN, MAHONEY, McNEILL, MILLARD AND HARHART,

OCTOBER 5, 2015

elderly persons, for sentences for offenses against infant

persons and for sentences for offenses committed while

impersonating a law enforcement officer.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9713(c) and (e) Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 9713. Sentences for offenses committed on public

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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.] Application of

mandatory minimum penalty.--Any provision of this section that

requires imposition of a mandatory minimum sentence constitutes

an element enhancing the underlying offense. An enhancing

element must be proven beyond a reasonable doubt at trial on the

underlying offense and must be submitted to the finder of fact

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.] If the

finder of fact has found an enhancing element and a sentencing

court imposes a sentence below the mandatory minimum sentence,

the Commonwealth has the right to appellate review of the

sentence. If the appellate court finds that the mandatory

subsections to read:

§ 9717. Sentences for offenses against elderly persons.

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(c) Application of mandatory minimum penalty.--Any provision

of this section that requires imposition of a mandatory minimum

sentence shall constitute an element enhancing the underlying

offense. An enhancing element must be proven beyond a reasonable

doubt at trial on the underlying offense and must be submitted

to the finder of fact for deliberation together with the

underlying offense. If the finder of fact determines the

right to appellate review of the sentence. If the appellate

court finds that the mandatory sentencing provision was

applicable, the court must vacate the sentence and remand for

resentencing in accordance with that provision.

Section 3. Sections 9718(c) and (e) and 9719(b) and (d) of

Title 42 are amended to read:

§ 9718. Sentences for offenses against infant persons.

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

shall not be an element of the crime, and notice of 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.] Application of mandatory minimum penalty.--Any

provision of this section that requires imposition of a

mandatory minimum sentence constitutes an element enhancing the

underlying offense. An enhancing element must be proven beyond a

reasonable doubt at trial on the underlying offense and must be

(e) 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.] If the

finder of fact has found an enhancing element and a sentencing

court imposes a sentence below the mandatory minimum sentence,

the Commonwealth has the right to appellate review of the

§ 9719. Sentences for offenses committed while impersonating a

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(b) [Proof at sentencing.--Provisions of this section shall

not be an element of the crime and notice thereof 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. The applicability of this section shall be

determined at sentencing. The sentencing court shall consider

imposition of a mandatory minimum sentence constitutes an

element enhancing the underlying offense. An enhancing element

must be proven beyond a reasonable doubt at trial on the

underlying offense and must be submitted to the finder of fact

for deliberation together with the underlying offense. If the

finder of fact determines the defendant is guilty of the

underlying offense, the finder of fact will then decide whether

an enhancing element has been proven.

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(d) Appeal by Commonwealth.--[If a sentencing court refuses

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the

finder of fact has found an enhancing element and a sentencing

court imposes a sentence below the mandatory minimum sentence,

the Commonwealth has the right to appellate review of the

sentence. If the appellate court finds that the mandatory

sentencing provision was applicable, the court must vacate the

sentence and remand for resentencing in accordance with that

provision.

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