PRINTER'S NO. 2309
No. 1806 Session of 1975
INTRODUCED BY ECKENSBERGER, ZORD, DOYLE, PRATT,
M. E. MILLER JR., ZELLER, REED, CUMBERLAND, DAVIS, CIMINI,
POLITE, PITTS, LEHR, BRANDT, STAPLETON, GARZIA, FRYER,
SHELHAMER, LaMARCA, LAUDADIO, RENWICK, BRUNNER AND YAHNER,
OCTOBER 1, 1975
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 1, 1975
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, changing provisions on additional
3 sentencing for crimes of violence committed with firearms,
4 providing for judicial review, expanding the definition of
5 crime of violence and correcting the violation penalty for
6 firearms violations.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 6102, 6103 and 6119, act of November 25,
10 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
11 Statutes, added December 6, 1972 (P.L.1482, No.334), are amended
12 to read:
13 § 6102. Definitions.
14 Subject to additional definitions contained in subsequent
15 provisions of this subchapter which are applicable to specific
16 provisions of this subchapter, the following words and phrases,
17 when used in this subchapter shall have, unless the context
18 clearly indicates otherwise, the meanings given to them in this
1 section:
2 "Firearm." Any pistol or revolver with a barrel less than 12
3 inches, any shotgun with a barrel less than 24 inches, or any
4 rifle with a barrel less than 15 inches.
5 "Crime of violence." Any of the following crimes, or an
6 attempt to commit any of the same, namely: murder, rape,
7 involuntary deviate sexual intercourse when committed without
8 the consent of the parties involved, aggravated assault,
9 robbery, burglary, entering a building with intent to commit a
10 crime therein, arson, participation in riot, intentionally
11 causing catastrophe, and kidnapping.
12 § 6103. Crimes committed with firearms.
13 (a) First offense.--If any person [shall commit or attempt
14 to commit a crime of violence] when armed with a firearm
15 contrary to the provisions of this subchapter, shall use,
16 attempt or threaten to use, or exhibit, he may, if he has never
17 previously been convicted of a crime of violence wherein a
18 firearm was used, in addition to the punishment provided for the
19 crime, be [punished also as provided by this subchapter]
20 sentenced to imprisonment for a term not less than one year or
21 more than two years. If the sentencing judge, in his discretion,
22 chooses not to impose the additional sentence, he shall provide
23 for the court record a statement of his reasons for not imposing
24 the sentence.
25 (b) Second offense.--If any person when armed with a firearm
26 contrary to the provisions of this subchapter, shall use,
27 attempt or threaten to use, or exhibit, commit or attempt to
28 commit a crime of violence when armed with a firearm contrary to
29 the provisions of this subchapter, he shall, if he has
30 previously been convicted of one crime of violence wherein a
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1 firearm was used, in addition to the punishment provided for the
2 crime, be sentenced to imprisonment for a term not less than two
3 years nor more than five years.
4 (c) Third and subsequent offenses.--If any person when armed
5 with a firearm contrary to the provisions of this subchapter,
6 shall use, attempt or threaten to use, or exhibit, commit or
7 attempt to commit a crime of violence when armed with a firearm
8 contrary to the provisions of this subchapter, he shall, if he
9 has previously been convicted of two or more crimes of violence
10 wherein a firearm was used, in addition to the punishment
11 provided for the crime, be sentenced to imprisonment for a term
12 not less than five years nor more than twenty years.
13 (d) Contents of complaints and indictments.--Every complaint
14 or indictment alleging the commission or attempted commission of
15 a crime of violence shall, if the crime was committed with a
16 firearm, contain a separate paragraph or count stating that the
17 offense is subject to the additional sentencing provisions
18 contained in this section.
19 (e) Sentences to be consecutive.--Any sentence imposed under
20 this section shall commence from the expiration of the original
21 sentence and any other sentences previously imposed.
22 (f) Appellate review.--The prosecutor shall have the right
23 of appeal to the appropriate appellate court from the failure of
24 the sentencing judge to comply with the provisions of this
25 section.
26 (g) Possession of firearms.--The provisions of this section
27 shall not affect or limit the application of section 6105 of
28 this title (relating to former convict not to own firearm,
29 etc.).
30 (h) Definition.--As used in this section, "firearm" includes
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1 any operable pistol, revolver, shotgun, sawed-off shotgun,
2 carbine rifle, machine gun, or any other instrument used to
3 propel an object by exploding gunpowder or expanding gas.
4 § 6119. Violation penalty.
5 An offense under this [section] subchapter constitutes a
6 misdemeanor of the first degree unless specifically designated
7 otherwise.
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