PRINTER'S NO. 879
No. 752 Session of 2003
INTRODUCED BY BARD, HICKERNELL, GEIST, STURLA, BARRAR, BROWNE,
BUNT, CORRIGAN, CRUZ, CURRY, EGOLF, GOODMAN, HARHAI, HERSHEY,
KIRKLAND, MELIO, RUBLEY, STABACK, E. Z. TAYLOR AND THOMAS,
MARCH 6, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentences for offenses committed with firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9712(a) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9712. Sentences for offenses committed with firearms.
9 (a) Mandatory sentence.--
10 (1) Except as provided under section 9716 (relating to
11 two or more mandatory minimum sentences applicable), any
12 person who is convicted in any court of this Commonwealth of
13 a crime of violence as defined in section 9714(g) (relating
14 to sentences for second and subsequent offenses), shall, if
15 the person visibly possessed a firearm or a replica of a
16 firearm, whether or not the firearm or replica was loaded or
17 functional, that placed the victim in reasonable fear of
1 death or serious bodily injury, during the commission of the
2 offense, be sentenced to a minimum sentence of at least five
3 years of total confinement notwithstanding any other
4 provision of this title or other statute to the contrary.
5 Such persons shall not be eligible for parole, probation,
6 work release or furlough.
7 (2) Any person who is convicted of a violation of
8 section 13(a)(30) of the act of April 14, 1972 (P.L.233,
9 No.64), known as The Controlled Substance, Drug, Device and
10 Cosmetic Act, when at the time of the offense, the person or
11 the person's accomplice is in physical possession or control
12 of a firearm or replica firearm, whether visibly, concealed
13 about the person or the person's accomplice or within the
14 actor's or accomplice's reach, shall likewise be sentenced to
15 a minimum sentence of at least five years of total
16 confinement.
17 * * *
18 Section 2. This act shall take effect in 60 days.
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