PRINTER'S NO. 589

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 527 Session of 1989

        INTRODUCED BY J. TAYLOR, KOSINSKI, RAYMOND, KENNEY, PERZEL,
           WESTON, WOGAN, ACOSTA, ANGSTADT, ARGALL, BELARDI, BELFANTI,
           CESSAR, CIVERA, CLYMER, CORNELL, FOX, GANNON, GEIST,
           GODSHALL, HERMAN, JOHNSON, LASHINGER, LETTERMAN, McCALL,
           MILLER, NAHILL, PRESTON, REBER, RYBAK, SCHULER, SEMMEL,
           THOMAS, TRELLO, VEON, VROON, WOZNIAK AND KASUNIC,
           FEBRUARY 15, 1989

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 15, 1989

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     sentences for offenses against elderly persons.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9717 of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 9717.  Sentences for offenses against elderly persons.
     9     (a)  Mandatory sentence.--A person under 60 years of age
    10  convicted of the following offenses when the victim is over 60
    11  years of age and not a police officer shall be sentenced to a
    12  mandatory term of imprisonment as follows:
    13         18 Pa.C.S. § 2701 (relating to simple assault) - not less
    14     than one year.
    15         18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
    16     assault) - not less than two years.

     1         18 Pa.C.S. § 2705 (relating to recklessly endangering
     2     another person) - not less than one year.
     3         18 Pa.C.S. § 2706 (relating to terroristic threats) - not
     4     less than one year.
     5         18 Pa.C.S. § 3121 (relating to rape) - not less than five
     6     years.
     7         18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
     8     intercourse) - not less than five years.
     9         18 Pa.C.S. § 3304 (relating to criminal mischief) - not
    10     less than one year.
    11         18 Pa.C.S. § 3922 (relating to theft by deception) - not
    12     less than 12 months, but the imposition of the minimum
    13     sentence shall be discretionary with the court where the
    14     court finds justifiable cause and that finding is written in
    15     the opinion.
    16     (b)  Eligibility for parole.--Parole shall not be granted
    17  until the minimum term of imprisonment has been served.
    18     Section 2.  This act shall apply to actions which are
    19  commenced on or after the effective date of this act.
    20     Section 3.  This act shall take effect in 60 days.







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