H0741B0807A00671 LKK:JSL 04/03/17 #90 A00671
AMENDMENTS TO HOUSE BILL NO. 741
Sponsor: REPRESENTATIVE FRANKEL
Printer's No. 807
Amend Bill, page 1, line 14, by inserting after "officer"
; and providing from departure from mandatory minimum sentences
Amend Bill, page 29, by inserting between lines 17 and 18
Section 5. Title 42 is amended by adding a section to read:
§ 9720.8. Departure from mandatory minimum sentences.
(a) General rule.--Notwithstanding any other provision of
this title or other statute to the contrary, a court may depart
from a mandatory minimum sentence if the court finds and states
on the record that, giving due regard to the nature of the
crime, the history and character of the defendant and the
defendant's chances of successful rehabilitation:
(1) Imposition of the mandatory minimum sentence would
result in substantial injustice to the defendant.
(2) The mandatory minimum sentence is not necessary for
the protection of the public.
(b) Applicability.--This section shall apply to a mandatory
minimum sentence imposed under any of the following:
(1) 18 Pa.C.S. § 6314 (relating to sentencing and
penalties for trafficking drugs to minors).
(2) 18 Pa.C.S. § 6317 (relating to drug-free school
zones).
(3) 18 Pa.C.S. § 7508 (relating to drug trafficking
sentencing and penalties).
(4) Section 9712 (relating to sentences for offenses
committed with firearms).
(5) Section 9713 (relating to sentences for offenses
committed on public transportation).
(6) Section 9717 (relating to sentences for offenses
against elderly persons).
(7) Section 9718 (relating to sentences for offenses
against infant persons).
(8) Section 9718.4 (relating to sentences for failure to
comply with registration of sexual offenders).
(9) Section 9719 (relating to sentences for offenses
committed while impersonating a law enforcement officer).
Amend Bill, page 29, line 18, by striking out "5" and
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inserting
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