HOUSE AMENDED
PRIOR PRINTER'S NOS. 197, 628, 1919 PRINTER'S NO. 2164
No. 195 Session of 1977
INTRODUCED BY HILL, MURRAY, HOLL, JUBELIRER, SCANLON, HOWARD,
COPPERSMITH, SWEENEY, ZEMPRELLI, MESSINGER, FLEMING AND
STAUFFER, FEBRUARY 7, 1977
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 21, 1978
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, FURTHER PROVIDING FOR SENTENCING AND <--
3 providing for alteration of identification mark on movable <--
4 personal property.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 SECTION 1. SECTION 1321(B) OF TITLE 18, ACT OF NOVEMBER 25, <--
8 1970 (P.L.707, NO.230), KNOWN AS THE PENNSYLVANIA CONSOLIDATED
9 STATUTES, IS AMENDED TO READ:
10 § 1321. SENTENCING GENERALLY.
11 * * *
12 (B) GENERAL STANDARDS.--IN SELECTING FROM THE ALTERNATIVES
13 SET FORTH IN SUBSECTION (A) [OF THIS SECTION] THE COURT SHALL
14 FOLLOW THE GENERAL PRINCIPLE THAT THE SENTENCE IMPOSED SHOULD
15 CALL FOR [THE MINIMUM AMOUNT OF] CONFINEMENT THAT IS CONSISTENT
16 WITH THE PROTECTION OF THE PUBLIC, THE GRAVITY OF THE OFFENSE AS
17 IT RELATES TO THE IMPACT ON THE LIFE OF THE VICTIM AND ON THE
1 COMMUNITY, AND THE REHABILITATIVE NEEDS OF THE DEFENDANT. THE
2 COURT SHALL ALSO CONSIDER ANY GUIDELINES FOR SENTENCING
3 PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING
4 ESTABLISHED BY SECTION 1384 (RELATING TO PROMULGATION OF
5 GUIDELINES FOR SENTENCING). IN EVERY CASE IN WHICH THE COURT
6 IMPOSES A SENTENCE FOR A FELONY OR MISDEMEANOR, THE COURT SHALL
7 MAKE AS A PART OF THE RECORD, AND DISCLOSE IN OPEN COURT AT THE
8 TIME OF SENTENCING, A STATEMENT OF THE REASON OR REASONS FOR THE
9 SENTENCE IMPOSED. FAILURE TO COMPLY SHALL BE GROUNDS FOR
10 VACATING THE SENTENCE AND RESENTENCING THE DEFENDANT.
11 * * *
12 SECTION 2. SUBCHAPTER G OF CHAPTER 13 OF TITLE 18 IS
13 REPEALED.
14 SECTION 3. CHAPTER 13 IS AMENDED BY ADDING A SUBCHAPTER TO
15 READ:
16 SUBCHAPTER G
17 PENNSYLVANIA COMMISSION ON SENTENCING
18 SEC.
19 1381. COMPOSITION AND ORGANIZATION OF COMMISSION
20 1382. POWERS AND DUTIES OF COMMISSION.
21 1383. COMMONWEALTH AGENCY COOPERATION.
22 1384. PROMULGATION OF GUIDELINES FOR SENTENCING.
23 1385. PUBLICATION OF GUIDELINES FOR SENTENCING.
24 1386. APPELLATE REVIEW OF SENTENCE.
25 § 1381. COMPOSITION AND ORGANIZATION OF COMMISSION.
26 (A) COMPOSITION.--THE PENNSYLVANIA COMMISSION ON SENTENCING
27 IS HEREBY CREATED. IT SHALL CONSIST OF 11 MEMBERS, TWO TO BE
28 APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, TWO TO
29 BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE, FOUR TO
30 BE APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND THREE
19770S0195B2164 - 2 -
1 TO BE APPOINTED BY THE GOVERNOR. THE APPOINTMENTS MADE BY THE
2 SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL BE MEMBERS OF THE
3 HOUSE OF REPRESENTATIVES NO MORE THAN ONE OF WHICH SHALL BE OF
4 THE SAME POLITICAL PARTY. THE APPOINTMENTS MADE BY THE PRESIDENT
5 PRO TEMPORE SHALL BE MEMBERS OF THE SENATE NO MORE THAN ONE OF
6 WHICH SHALL BE OF THE SAME POLITICAL PARTY. THE APPOINTMENTS BY
7 THE CHIEF JUSTICE SHALL BE A JUSTICE OR JUDGE OF A COURT OF
8 RECORD. THE APPOINTMENTS MADE BY THE GOVERNOR SHALL BE A
9 DISTRICT ATTORNEY, A DEFENSE ATTORNEY AND EITHER A PROFESSOR OF
10 LAW OR A CRIMINOLOGIST. THE TERMS OF THE MEMBERS OF THE
11 COMMISSION SHALL BE TWO YEARS EXCEPT THAT OF THOSE MEMBERS FIRST
12 APPOINTED BY THE SPEAKER AND THE PRESIDENT PRO TEMPORE, HALF
13 SHALL BE APPOINTED FOR TWO YEARS AND HALF FOR ONE YEAR. IN THE
14 CASE OF THE MEMBERS APPOINTED BY THE CHIEF JUSTICE, TWO SHALL BE
15 APPOINTED FOR TWO YEARS AND TWO SHALL BE APPOINTED FOR ONE YEAR.
16 IN THE CASE OF THE MEMBERS APPOINTED BY THE GOVERNOR, TWO SHALL
17 BE APPOINTED FOR TWO YEARS AND ONE SHALL BE APPOINTED FOR ONE
18 YEAR.
19 (B) CHAIRMAN AND EXECUTIVE DIRECTOR.--THE COMMISSION, BY
20 MAJORITY VOTE, SHALL SELECT A CHAIRMAN FROM ITS MEMBERSHIP AND
21 SELECT AN EXECUTIVE DIRECTOR. THE CHAIRMAN SHALL:
22 (1) PRESIDE AT MEETINGS OF THE COMMISSION.
23 (2) DIRECT THE PREPARATION OF REQUESTS FOR
24 APPROPRIATIONS FOR THE COMMISSION AND THE USE OF FUNDS MADE
25 AVAILABLE TO THE COMMISSION.
26 (C) MEETINGS AND QUORUM.--
27 (1) THE COMMISSION SHALL MEET NOT LESS FREQUENTLY THAN
28 QUARTERLY TO ESTABLISH ITS GENERAL POLICIES AND RULES.
29 (2) THE COMMISSION SHALL BE DEEMED AN "AGENCY" WITHIN
30 THE MEANING OF THE ACT OF JULY 19, 1974 (P.L.486, NO.175),
19770S0195B2164 - 3 -
1 REFERRED TO AS THE PUBLIC AGENCY OPEN MEETING LAW.
2 (3) NINE COMMISSIONERS SHALL CONSTITUTE A QUORUM.
3 (4) MINUTES OF MEETINGS SHALL BE KEPT BY THE EXECUTIVE
4 DIRECTOR AND FILED AT THE EXECUTIVE OFFICE OF THE COMMISSION.
5 (D) RECORDS OF ACTION.--EXCEPT AS OTHERWISE PROVIDED BY LAW,
6 THE COMMISSION SHALL MAINTAIN AND MAKE AVAILABLE FOR PUBLIC
7 INSPECTION A RECORD OF THE FINAL VOTE OF EACH MEMBER ON ANY
8 ACTION TAKEN BY IT.
9 (E) EXPENSES.--EACH COMMISSIONER SHALL BE ENTITLED TO
10 REIMBURSEMENT FOR HIS ACCOUNTABLE EXPENSES INCURRED WHILE
11 ENGAGED IN THE COMMISSION'S BUSINESS.
12 § 1382. POWERS AND DUTIES OF COMMISSION.
13 (A) GENERAL RULE.--THE COMMISSION, BY MAJORITY VOTE AND
14 PURSUANT TO RULES AND REGULATIONS, SHALL HAVE THE POWER TO:
15 (1) ESTABLISH GENERAL POLICIES AND PROMULGATE SUCH RULES
16 AND REGULATIONS FOR THE COMMISSION AS ARE NECESSARY TO CARRY
17 OUT THE PURPOSES OF THIS SUBCHAPTER.
18 (2) UTILIZE, WITH THEIR CONSENT, THE SERVICES,
19 EQUIPMENT, PERSONNEL, INFORMATION AND FACILITIES OF FEDERAL,
20 STATE, LOCAL AND PRIVATE AGENCIES AND INSTRUMENTALITIES WITH
21 OR WITHOUT REIMBURSEMENT THEREFOR.
22 (3) ENTER INTO AND PERFORM SUCH CONTRACTS, LEASES,
23 COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS AS MAY BE
24 NECESSARY IN THE CONDUCT OF THE FUNCTIONS OF THE COMMISSION,
25 WITH ANY PUBLIC AGENCY OR WITH ANY PERSON, FIRM, ASSOCIATION,
26 CORPORATION, EDUCATIONAL INSTITUTION OR NONPROFIT
27 ORGANIZATION.
28 (4) REQUEST SUCH INFORMATION, DATA AND REPORTS FROM ANY
29 COMMONWEALTH AGENCY OR JUDICIAL OFFICER AS THE COMMISSION MAY
30 FROM TIME TO TIME REQUIRE AND AS MAY BE PRODUCED CONSISTENT
19770S0195B2164 - 4 -
1 WITH OTHER LAW.
2 (5) ARRANGE WITH THE HEAD OF ANY OTHER COMMONWEALTH
3 AGENCY FOR THE PERFORMANCE BY THAT AGENCY OF ANY FUNCTION OF
4 THE COMMISSION, WITH OR WITHOUT REIMBURSEMENT.
5 (6) ISSUE INVITATIONS REQUESTING THE ATTENDANCE AND
6 TESTIMONY OF WITNESSES AND THE PRODUCTION OF ANY EVIDENCE
7 THAT RELATES DIRECTLY TO A MATTER WITH RESPECT TO WHICH THE
8 COMMISSION OR ANY COMMISSIONER OF THE COMMISSION IS EMPOWERED
9 TO MAKE A DETERMINATION UNDER THIS SUBCHAPTER.
10 (7) ESTABLISH A RESEARCH AND DEVELOPMENT PROGRAM WITHIN
11 THE COMMISSION FOR THE PURPOSE OF:
12 (I) SERVING AS A CLEARINGHOUSE AND INFORMATION
13 CENTER FOR THE COLLECTION, PREPARATION AND DISSEMINATION
14 OF INFORMATION ON COMMONWEALTH SENTENCING PRACTICES.
15 (II) ASSISTING AND SERVING IN A CONSULTING CAPACITY
16 TO STATE COURTS, DEPARTMENTS AND AGENCIES IN THE
17 DEVELOPMENT, MAINTENANCE AND COORDINATION OF SOUND
18 SENTENCING PRACTICES.
19 (8) COLLECT SYSTEMATICALLY THE DATA OBTAINED FROM
20 STUDIES, RESEARCH AND THE EMPIRICAL EXPERIENCE OF PUBLIC AND
21 PRIVATE AGENCIES CONCERNING THE SENTENCING PROCESSES.
22 (9) PUBLISH DATA CONCERNING THE SENTENCING PROCESSES.
23 (10) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
24 CONCERNING SENTENCES ACTUALLY IMPOSED.
25 (11) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
26 REGARDING EFFECTIVENESS OF SENTENCES IMPOSED.
27 (12) MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY
28 CONCERNING MODIFICATION OR ENACTMENT OF SENTENCING AND
29 CORRECTIONAL STATUTES WHICH THE COMMISSION FINDS TO BE
30 NECESSARY AND ADVISABLE TO CARRY OUT AN EFFECTIVE, HUMANE AND
19770S0195B2164 - 5 -
1 RATIONAL SENTENCING POLICY.
2 (B) ANNUAL REPORTS.--THE COMMISSION SHALL REPORT ANNUALLY TO
3 THE GENERAL ASSEMBLY, THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
4 COURTS AND THE GOVERNOR ON THE ACTIVITIES OF THE COMMISSION.
5 (C) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE
6 SUCH OTHER POWERS AND DUTIES AND SHALL PERFORM SUCH OTHER
7 FUNCTIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS
8 SUBCHAPTER OR AS MAY BE PROVIDED UNDER ANY OTHER PROVISIONS OF
9 LAW AND MAY DELEGATE TO ANY COMMISSIONER OR DESIGNATED PERSON
10 SUCH POWERS AS MAY BE APPROPRIATE OTHER THAN THE POWER TO
11 ESTABLISH GENERAL POLICIES, GUIDELINES, RULES AND FACTORS UNDER
12 SUBSECTION (A)(1).
13 § 1383. COMMONWEALTH AGENCY COOPERATION.
14 UPON THE REQUEST OF THE COMMISSION, EACH COMMONWEALTH AGENCY
15 IS AUTHORIZED AND DIRECTED TO MAKE ITS SERVICES, EQUIPMENT,
16 PERSONNEL, FACILITIES AND INFORMATION AVAILABLE TO THE GREATEST
17 PRACTICAL EXTENT TO THE COMMISSION IN THE EXECUTION OF ITS
18 FUNCTIONS.
19 § 1384. PROMULGATION OF GUIDELINES FOR SENTENCING.
20 THE COMMISSION SHALL PROMULGATE GUIDELINES FOR SENTENCING
21 WITHIN THE LIMITS ESTABLISHED BY LAW WHICH SHALL BE CONSIDERED
22 BY THE SENTENCING COURT IN DETERMINING THE APPROPRIATE SENTENCE
23 FOR FELONIES AND MISDEMEANORS COMMITTED BY A DEFENDANT. THE
24 GUIDELINES SHALL:
25 (1) SPECIFY THE RANGE OF SENTENCES APPLICABLE TO CRIMES
26 OF A GIVEN DEGREE OF GRAVITY.
27 (2) SPECIFY A RANGE OF ENHANCED SENTENCES FOR DEFENDANTS
28 PREVIOUSLY CONVICTED OF A FELONY OR FELONIES OR CONVICTED OF
29 A CRIME INVOLVING THE USE OF A DEADLY WEAPON.
30 (3) PRESCRIBE VARIATIONS FROM THE RANGE OF SENTENCES
19770S0195B2164 - 6 -
1 APPLICABLE ON ACCOUNT OF AGGRAVATING OR MITIGATING
2 CIRCUMSTANCES.
3 (4) SPECIFY A SENTENCE OF IMPRISONMENT FOR A MINIMUM
4 TERM OF NOT LESS THAN ONE YEAR FOR ANY PERSON CONVICTED IN
5 ANY COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE,
6 VOLUNTARY MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE SEXUAL
7 INTERCOURSE, ROBBERY, AGGRAVATED ASSAULT AS DEFINED IN
8 SECTION 2702(A)(1) (RELATING TO AGGRAVATED ASSAULT), ARSON OR
9 KIDNAPPING OR OF ATTEMPT TO COMMIT ANY OF THESE CRIMES, IF
10 THAT PERSON HAS BEEN PREVIOUSLY CONVICTED IN THIS
11 COMMONWEALTH OR ANY OTHER STATE OR THE DISTRICT OF COLUMBIA
12 OR ANY FEDERAL COURT OF ANY OF THE ENUMERATED CRIMES OR THEIR
13 EQUIVALENT.
14 § 1385. PUBLICATION OF GUIDELINES FOR SENTENCING.
15 (A) GENERAL RULE.--THE COMMISSION SHALL:
16 (1) PRIOR TO ADOPTION, PUBLISH IN THE PENNSYLVANIA
17 BULLETIN ALL PROPOSED SENTENCING GUIDELINES, AND HOLD PUBLIC
18 HEARINGS NOT EARLIER THAN 30 DAYS AND NOT LATER THAN 60 DAYS
19 THEREAFTER TO AFFORD AN OPPORTUNITY FOR THE FOLLOWING PERSONS
20 AND ORGANIZATIONS TO TESTIFY:
21 (I) PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION.
22 (II) CHIEFS OF POLICE ASSOCIATIONS.
23 (III) FRATERNAL ORDER OF POLICE.
24 (IV) PUBLIC DEFENDERS ORGANIZATION.
25 (V) LAW SCHOOL FACULTY MEMBERS.
26 (VI) STATE BOARD OF PROBATION AND PAROLE.
27 (VII) BUREAU OF CORRECTION.
28 (VIII) PENNSYLVANIA BAR ASSOCIATION.
29 (IX) PENNSYLVANIA WARDENS ASSOCIATION.
30 (X) PENNSYLVANIA ASSOCIATION ON PROBATION, PAROLE
19770S0195B2164 - 7 -
1 AND CORRECTIONS.
2 (XI) ANY OTHER INTERESTED PERSONS OR ORGANIZATIONS.
3 (2) PUBLISH IN THE PENNSYLVANIA BULLETIN ALL SENTENCING
4 GUIDELINES ADOPTED BY THE COMMISSION. THE INITIAL SENTENCING
5 GUIDELINES SHALL BE PROMULGATED WITHIN 18 MONTHS OF THE
6 EFFECTIVE DATE OF THIS SUBCHAPTER.
7 (B) REJECTION BY GENERAL ASSEMBLY.--THE GENERAL ASSEMBLY MAY
8 BY CONCURRENT RESOLUTION REJECT IN THEIR ENTIRETY ANY INITIAL OR
9 SUBSEQUENT GUIDELINES ADOPTED BY THE COMMISSION WITHIN 90 DAYS
10 OF THEIR PUBLICATION.
11 (C) EFFECTIVE DATE.--INITIAL AND ANY SUBSEQUENT GUIDELINES
12 ADOPTED BY THE COMMISSION SHALL BECOME EFFECTIVE 90 DAYS AFTER
13 PUBLICATION IN THE PENNSYLVANIA BULLETIN, UNLESS REJECTED IN
14 THEIR ENTIRETY BY THE GENERAL ASSEMBLY BY A CONCURRENT
15 RESOLUTION.
16 § 1386. APPELLATE REVIEW OF SENTENCE.
17 (A) ALLOWANCE OF APPEAL.--THE DEFENDANT OR THE COMMONWEALTH
18 MAY FILE A PETITION FOR ALLOWANCE OF APPEAL OF THE DISCRETIONARY
19 ASPECTS OF A SENTENCE FOR A FELONY OR A MISDEMEANOR TO THE
20 APPELLATE COURT THAT HAS INITIAL JURISDICTION FOR SUCH APPEALS.
21 ALLOWANCE OF APPEAL MAY BE GRANTED AT THE DISCRETION OF THE
22 APPELLATE COURT WHERE IT APPEARS THAT THERE IS A SUBSTANTIAL
23 QUESTION THAT THE SENTENCE IMPOSED IS NOT APPROPRIATE UNDER THIS
24 CHAPTER.
25 (B) RIGHT TO APPEAL.--THE DEFENDANT OR THE COMMONWEALTH MAY
26 APPEAL AS OF RIGHT THE LEGALITY OF THE SENTENCE.
27 (C) DETERMINATION ON APPEAL.--THE APPELLATE COURT SHALL
28 VACATE THE SENTENCE AND REMAND THE CASE TO THE SENTENCING COURT
29 WITH INSTRUCTIONS IF IT FINDS:
30 (1) THE SENTENCING COURT PURPORTED TO SENTENCE WITHIN
19770S0195B2164 - 8 -
1 THE SENTENCING GUIDELINES BUT APPLIED THE GUIDELINES
2 ERRONEOUSLY;
3 (2) THE SENTENCING COURT SENTENCED WITHIN THE SENTENCING
4 GUIDELINES BUT THE CASE INVOLVES CIRCUMSTANCES WHERE THE
5 APPLICATION OF THE GUIDELINES WOULD BE CLEARLY UNREASONABLE;
6 OR
7 (3) THE SENTENCING COURT SENTENCED OUTSIDE THE
8 SENTENCING GUIDELINES AND THE SENTENCE IS UNREASONABLE.
9 IN ALL OTHER CASES THE APPELLATE COURT SHALL AFFIRM THE SENTENCE
10 IMPOSED BY THE SENTENCING COURT.
11 (D) REVIEW OF RECORD.--IN REVIEWING THE RECORD THE APPELLATE
12 COURT SHALL HAVE REGARD FOR:
13 (1) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE AND THE
14 HISTORY AND CHARACTERISTICS OF THE DEFENDANT.
15 (2) THE OPPORTUNITY OF THE SENTENCING COURT TO OBSERVE
16 THE DEFENDANT, INCLUDING ANY PRESENTENCE INVESTIGATION.
17 (3) THE FINDINGS UPON WHICH THE SENTENCE WAS BASED.
18 (4) THE GUIDELINES PROMULGATED BY THE COMMISSION.
19 (E) RIGHT TO BAIL NOT ENLARGED.--NOTHING IN THIS CHAPTER
20 SHALL BE CONSTRUED TO ENLARGE THE DEFENDANT'S RIGHT TO BAIL
21 PENDING APPEAL.
22 (F) LIMITATION ON ADDITIONAL APPELLATE REVIEW.--NO APPEAL OF
23 THE DISCRETIONARY ASPECTS OF THE SENTENCE SHALL BE PERMITTED
24 BEYOND THE APPELLATE COURT THAT HAS INITIAL JURISDICTION FOR
25 SUCH APPEALS.
26 (G) IMPLEMENTING RULES OF COURT.--THE SUPREME COURT SHALL BY
27 RULE PRESCRIBE PROCEDURES TO IMPLEMENT THE PROVISIONS OF THIS
28 SECTION.
29 Section 1 4. Section 4104 of Title 18, act of November 25, <--
30 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
19770S0195B2164 - 9 -
1 Statutes, is amended to read:
2 § 4104. Tampering with records or identification.
3 (a) Writings.-- A person commits a misdemeanor of the first
4 degree if, knowing that he has no privilege to do so, he
5 falsifies, destroys, removes or conceals any writing or record,
6 or distinguishing mark or brand or other identification with
7 intent to deceive or injure anyone or to conceal any wrongdoing.
8 (b) Personal movable property.--A person commits a summary <--
9 offense if he knowingly buys, sells, or moves in commerce any
10 movable personal property which includes a radio, citizens band <--
11 radio, tape recorder, tape player, piano, phonograph, sewing
12 machine, washing machine, typewriter, adding machine,
13 comptometer, bicycle, binocular, vacuum cleaner, camera,
14 projector, watch, watch movement, watch case, or any mechanical
15 or electrical device, appliance, contrivance, material, piece of
16 apparatus or equipment but does not exclude items not mentioned,
17 from which the manufacturer's name plate, serial number or any
18 other distinguishing number or identification mark has been
19 removed, defaced, covered, altered or destroyed unless the
20 alterations have been customarily made or done as an established
21 practice in the ordinary and regular conduct of business by the
22 original manufacturer or under specific authorization and
23 direction from the original manufacturer. Movable personal <--
24 PERSONAL property as set forth in this subsection shall not <--
25 include firearms, motor vehicles or insurance company salvage
26 recoveries.
27 (C) INNOCENT ALTERATIONS.--IF PROPERTY SUBJECT TO THE <--
28 PROVISIONS OF THIS SECTION HAS HAD ITS IDENTIFYING MARKS DEFACED
29 OR ELIMINATED INNOCENTLY AND IS IN THE POSSESSION OF ITS
30 RIGHTFUL OWNER, THE OWNER MAY, NOTWITHSTANDING THE PROVISIONS OF
19770S0195B2164 - 10 -
1 SUBSECTION (A) OR (B), DISPOSE OF THE PROPERTY BY SALE OR
2 OTHERWISE, IF HE DELIVERS TO THE ACQUIRER A NOTARIZED STATEMENT
3 THAT THE PROPERTY WAS INNOCENTLY ALTERED AND THAT THE PERSON
4 DISPOSING OF IT IS ITS RIGHTFUL OWNER.
5 Section 2. This act shall take effect in 60 days. <--
6 SECTION 5. THE SUM OF $100,000, OR AS MUCH THEREOF AS MAY BE <--
7 NECESSARY, IS HEREBY APPROPRIATED TO THE PENNSYLVANIA COMMISSION
8 ON SENTENCING TO CARRY OUT ITS DUTIES AS PRESCRIBED BY THIS ACT.
9 SECTION 6. THE PROVISIONS OF 18 PA.C.S. § 1386 (RELATING TO
10 APPELLATE REVIEW OF SENTENCE) ARE NOT SEVERABLE AND IF ANY
11 PROVISION THEREOF OR THE APPLICATION THEREOF TO ANY PERSON OR
12 CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF THE SECTION SHALL
13 BE INVALID.
14 SECTION 7. THIS ACT SHALL TAKE EFFECT JANUARY 1, 1979;
15 HOWEVER, THE SUBSTANTIVE PROVISIONS OF SECTIONS 1, 2 AND 3 OF
16 THIS ACT SHALL NOT BE APPLICABLE UNTIL FINAL ADOPTION OF THE
17 INITIAL SENTENCING GUIDELINES AND UNTIL 90 DAYS AFTER
18 PUBLICATION OF THE INITIAL GUIDELINES ADOPTED BY THE COMMISSION
19 UNLESS REJECTED BY THE GENERAL ASSEMBLY.
L16L21RLC/19770S0195B2164 - 11 -