PRINTER'S NO. 1878
No. 1498 Session of 1985
INTRODUCED BY McHALE, PICCOLA, HAGARTY, SWEET, ITKIN, CHADWICK,
MOEHLMANN AND PRATT, JUNE 26, 1985
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 26, 1985
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing guidelines.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2154 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2154. Adoption of guidelines for sentencing.
9 (a) General rule.--The commission shall adopt guidelines for
10 sentencing within the limits established by law which shall be
11 considered by the sentencing court in determining the
12 appropriate sentence for felonies and misdemeanors committed by
13 a defendant. The guidelines shall:
14 (1) Specify the range of sentences applicable to crimes
15 of a given degree of gravity.
16 (2) Specify a range of sentences of increased severity
17 for defendants previously convicted of [a felony or felonies
18 or convicted of a crime involving the use of a deadly
1 weapon.] or adjudicated delinquent for:
2 (i) A felony or felonies as specified by the
3 commission.
4 (ii) A misdemeanor or misdemeanors as specified by
5 the commission.
6 (3) Specify a range of sentences of increased severity
7 for defendants who possessed a deadly weapon during the
8 commission of the current conviction offense.
9 [(3)] (4) Prescribe variations from the range of
10 sentences applicable on account of aggravating or mitigating
11 circumstances.
12 (b) Definition.--As used in this section the term
13 "possessed" means on the defendant's person or within his
14 immediate physical control.
15 Section 2. This act shall take effect in 60 days.
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