S0913B1144A03128 PWK:CMD 12/08/21 #90 A03128
AMENDMENTS TO SENATE BILL NO. 913
Sponsor: SENATOR BAKER
Printer's No. 1144
Amend Bill, page 1, line 4, by inserting after "probation"
and providing for authority regarding probation detainers
Amend Bill, page 4, lines 5 through 12, by striking out all
of said lines and inserting
(1) The court shall not impose a sentence of total
confinement upon revocation unless the court finds either
that the defendant has been convicted of another crime or
that the provisions of paragraph (2) are satisfied.
(2) A defendant who has not been convicted of another
crime may be sentenced to total confinement upon revocation
only if the court first finds by a preponderance of the
evidence that the defendant committed a technical violation
and any of the following apply:
Amend Bill, page 5, line 2, by inserting after "sentenced"
to a determinate sentence
Amend Bill, page 5, by inserting between lines 27 and 28
(4) Nothing in this section shall prevent the adoption
of a program under section 9771.1.
Amend Bill, page 8, line 5, by striking out "The parties" and
inserting
Any individual or entity
Amend Bill, page 11, lines 14 through 16, by striking out
"Notwithstanding paragraphs (1) and (11), no" in line 14 and all
of lines 15 and 16 and inserting
No defendant shall have the defendant's probation
terminated at a probation review conference held under
paragraphs (1), (2), (2.2), (3), (4), (5), (7) and (11), if:
Amend Bill, page 11, line 17, by inserting after "determines"
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at the probation review conference
Amend Bill, page 12, line 6, by inserting after "determines"
at the probation review conference
Amend Bill, page 12, lines 14 and 15, by striking out "a
scheduled review conference " and inserting
termination of probation
Amend Bill, page 12, lines 19 and 20, by striking out "a
scheduled review conference" and inserting
termination of probation
Amend Bill, page 15, line 25, by inserting after "the"
specific
Amend Bill, page 15, line 26, by striking out "sentence" and
inserting
probation
Amend Bill, page 15, by inserting between lines 29 and 30
"Weapon." As defined in 18 Pa.C.S. § 907(d) (relating to
possessing instrument of crime).
Section 2.1. Title 42 is amended by adding a section to
read:
§ 9771.2. Authority regarding probation detainers.
Nothing in this subchapter shall infringe or inhibit the
authority of a court of competent jurisdiction, a probation
officer or any other relevant officer or entity from levying or
requesting a probation detainer in the event that new criminal
charges are filed against an individual serving a term of
probation.
Amend Bill, page 18, line 22, by inserting after "2022"
, or immediately, whichever is later
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