HOUSE AMENDED
PRIOR PRINTER'S NOS. 1363, 1973, 2129 PRINTER'S NO. 2138
No. 1151 Session of 1981
INTRODUCED BY RHOADES, GEKAS, HOPPER, LOEPER, LINCOLN, BELL,
O'CONNELL, STAPLETON, SINGEL, HELFRICK, SNYDER, KUSSE,
STREET, GREENLEAF, MELLOW, CORMAN, FISHER, JUBELIRER, O'PAKE
AND PECORA, OCTOBER 14, 1981
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 22, 1982
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for minimum
3 terms for aggravated assault, RAPE AND INVOLUNTARY DEVIATE <--
4 SEXUAL INTERCOURSE committed against persons over 60 OR UNDER <--
5 16 years of age.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 42, act of November 25, 1970 (P.L.707,
9 No.230), known as the Pennsylvania Consolidated Statutes, is
10 amended by adding a section SECTIONS to read: <--
11 § 9717. Sentences for offenses against elderly persons.
12 (a) Mandatory sentence.--A person convicted of the following
13 offenses when the victim is over 60 years of age shall be
14 sentenced to a mandatory term of imprisonment as follows:
15 18 Pa.C.S. § 2702(A)(1) AND (2) (relating to aggravated <--
16 assault) - not less than five years.
17 18 PA.C.S. § 3121 (RELATING TO RAPE) - NOT LESS THAN TEN <--
1 YEARS NOR MORE THAN 20 YEARS.
2 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
3 INTERCOURSE) - NOT LESS THAN TEN YEARS NOR MORE THAN 20
4 YEARS.
5 (b) Eligibility for parole.--Parole shall not be granted
6 until the minimum term of imprisonment has been served.
7 § 9718. SENTENCES FOR OFFENSES AGAINST INFANT PERSONS. <--
8 (A) MANDATORY SENTENCE.--A PERSON CONVICTED OF THE FOLLOWING
9 OFFENSES WHEN THE VICTIM IS UNDER 16 YEARS OF AGE SHALL BE
10 SENTENCED TO A MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
11 18 PA.C.S. § 2702(A)(1) AND (2) (RELATING TO AGGRAVATED
12 ASSAULT) - NOT LESS THAN FIVE YEARS.
13 18 PA.C.S. § 3121 (RELATING TO RAPE) - NOT LESS THAN TEN
14 YEARS NOR MORE THAN 20 YEARS.
15 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
16 INTERCOURSE) - NOT LESS THAN TEN YEARS NOR MORE THAN 20
17 YEARS.
18 (B) ELIGIBILITY FOR PAROLE.--PAROLE SHALL NOT BE GRANTED
19 UNTIL THE MINIMUM TERM OF IMPRISONMENT HAS BEEN SERVED.
20 Section 2. This act shall take effect in 60 days.
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