PRIOR PRINTER'S NO. 3197 PRINTER'S NO. 4044
No. 2360 Session of 1990
INTRODUCED BY CALTAGIRONE, FOX, PESCI, BILLOW, STISH, PRESSMANN,
RYBAK, MERRY, MORRIS, CAPPABIANCA, GIGLIOTTI, PISTELLA,
HASAY, CORRIGAN, NOYE, SERAFINI, TRELLO, E. Z. TAYLOR AND
RICHARDSON, MARCH 20, 1990
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 1990
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for classification of offenses <--
4 and for sentencing; and further providing for jurisdiction of
5 district justices. BURGLARY; AND PROVIDING FOR SENTENCES OF <--
6 INTERMEDIATE PUNISHMENT.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 106(a)(7) and (b)(8) and (9) and 1104(3) <--
10 SECTION 3502(C) of Title 18 of the Pennsylvania Consolidated <--
11 Statutes are IS amended to read: <--
12 § 106. Classes of offenses. <--
13 (a) General rule.--An offense defined by this title for
14 which a sentence of death or of imprisonment is authorized
15 constitutes a crime. The classes of crime are:
16 * * *
17 [(7) Misdemeanor of the third degree.]
18 (b) Classification of crimes.--
1 * * *
2 (8) [A crime] An offense is a misdemeanor of the third
3 degree if it is so designated in this title or if a person
4 convicted thereof may be sentenced to a term of imprisonment,
5 the maximum of which is not more than [one year] six months.
6 (9) [A crime] An offense declared to be a misdemeanor,
7 without specification of degree, is of the third degree.
8 * * *
9 § 1104. Sentence of imprisonment for misdemeanors.
10 A person who has been convicted of a misdemeanor may be
11 sentenced to imprisonment for a definite term which shall be
12 fixed by the court and shall be not more than:
13 * * *
14 (3) [One year] Six months in the case of a misdemeanor
15 of the third degree.
16 Section 2. Section 1515(a)(6) of Title 42 is amended to
17 read:
18 § 1515. Jurisdiction and venue.
19 (a) Jurisdiction.--Except as otherwise prescribed by general
20 rule adopted pursuant to section 503 (relating to reassignment
21 of matters), district justices shall, under procedures
22 prescribed by general rule, have jurisdiction of all of the
23 following matters:
24 * * *
25 (6) [(i)] Offenses under Title 18 (crimes and offenses)
26 and Title 30 (fish) which are classified as misdemeanors
27 of the third degree[, if the following criteria are met:
28 (A) The misdemeanor is not the result of a
29 reduced charge.
30 (B) Any personal injury or property damage is
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1 less than $500.
2 (C) The defendant pleads guilty.
3 (D) The defendant is not subject to the
4 provisions of Chapter 63.
5 (ii) Subparagraph (i) shall not apply to any offense
6 under the following provisions of Title 18:
7 Section 4303 (relating to concealing death of
8 child born out of wedlock).
9 Section 4321 (relating to willful separation or
10 nonsupport).
11 Section 5103 (relating to unlawfully listening
12 into deliberations of jury)].
13 * * *
14 Section 3. Title 42 is amended by adding a section to read:
15 § 9728. Community service in lieu of imprisonment.
16 In lieu of imprisonment under 18 Pa.C.S. § 1104(3) (relating
17 to sentence of imprisonment for misdemeanors) or 1105 (relating
18 to sentence of imprisonment for summary offenses), the court may
19 sentence the offender to perform community service for the term
20 of the sentence.
21 Section 4. This act shall apply to actions which are
22 commenced on or after the effective date of this act.
23 Section 5. This act shall take effect in 60 days.
24 § 3502. BURGLARY. <--
25 * * *
26 (C) GRADING.--[BURGLARY]
27 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), BURGLARY IS A
28 FELONY OF THE FIRST DEGREE.
29 (2) IF THE BUILDING, STRUCTURE OR PORTION ENTERED IS NOT
30 ADAPTED FOR OVERNIGHT ACCOMMODATIONS AND IF NO INDIVIDUAL IS
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1 PRESENT AT THE TIME OF ENTRY, BURGLARY IS A FELONY OF THE
2 SECOND DEGREE.
3 * * *
4 SECTION 2. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
5 § 9763. SENTENCE OF INTERMEDIATE PUNISHMENT.
6 (A) GENERAL RULE.--IN IMPOSING A SENTENCE OF INTERMEDIATE
7 PUNISHMENT, THE COURT SHALL SPECIFY AT THE TIME OF SENTENCING
8 THE LENGTH OF THE TERM FOR WHICH THE DEFENDANT IS TO BE IN AN
9 INTERMEDIATE PUNISHMENT PROGRAM, OR A COMBINATION OF
10 INTERMEDIATE PUNISHMENT PROGRAMS. THE TERM MAY NOT EXCEED THE
11 MAXIMUM TERM FOR WHICH THE DEFENDANT COULD BE CONFINED AND THE
12 PROGRAM TO WHICH THE DEFENDANT IS SENTENCED. THE COURT MAY ORDER
13 A DEFENDANT TO SERVE A PORTION OF THE SENTENCE UNDER SECTION
14 9755 (RELATING TO SENTENCE OF PARTIAL CONFINEMENT) OR 9756
15 (RELATING TO SENTENCE OF TOTAL CONFINEMENT) AND TO SERVE A
16 PORTION IN AN INTERMEDIATE PUNISHMENT PROGRAM OR A COMBINATION
17 OF INTERMEDIATE PUNISHMENT PROGRAMS.
18 (B) CONDITIONS GENERALLY.--THE COURT SHALL ATTACH ANY OF THE
19 FOLLOWING CONDITIONS UPON THE DEFENDANT AS IT DEEMS NECESSARY:
20 (1) TO MEET FAMILY RESPONSIBILITIES.
21 (2) TO BE DEVOTED TO A SPECIFIC OCCUPATION OR
22 EMPLOYMENT.
23 (3) TO PARTICIPATE IN A PUBLIC OR NONPROFIT COMMUNITY
24 SERVICE PROGRAM.
25 (4) TO UNDERGO INDIVIDUAL OR FAMILY COUNSELING.
26 (5) TO UNDERGO AVAILABLE MEDICAL OR PSYCHIATRIC
27 TREATMENT AND TO ENTER AND REMAIN IN A SPECIFIED INSTITUTION,
28 WHEN REQUIRED FOR THAT PURPOSE.
29 (6) TO ATTEND EDUCATIONAL OR VOCATIONAL TRAINING
30 PROGRAMS.
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1 (7) TO ATTEND OR RESIDE IN A REHABILITATIVE FACILITY OR
2 OTHER INTERMEDIATE PUNISHMENT PROGRAM.
3 (8) TO REFRAIN FROM FREQUENTING UNLAWFUL OR DISREPUTABLE
4 PLACES OR CONSORTING WITH DISREPUTABLE PERSONS.
5 (9) TO NOT POSSESS A FIREARM OR OTHER DANGEROUS WEAPON
6 UNLESS GRANTED WRITTEN PERMISSION.
7 (10) TO MAKE RESTITUTION OF THE FRUITS OF THE CRIME OR
8 TO MAKE REPARATIONS, IN AN AFFORDABLE AMOUNT, FOR THE LOSS OR
9 DAMAGE CAUSED BY THE CRIME.
10 (11) TO BE SUBJECT TO INTENSIVE SUPERVISION WHILE
11 REMAINING WITHIN THE JURISDICTION OF THE COURT AND TO NOTIFY
12 THE COURT OR DESIGNATED PERSON OF ANY CHANGE IN ADDRESS OR
13 EMPLOYMENT.
14 (12) TO REPORT AS DIRECTED TO THE COURT OR THE
15 DESIGNATED PERSON AND TO PERMIT THE DESIGNATED PERSON TO
16 VISIT THE DEFENDANT'S HOME.
17 (13) TO PAY A FINE.
18 (14) TO PARTICIPATE IN DRUG OR ALCOHOL SCREENING AND
19 TREATMENT PROGRAMS, INCLUDING OUTPATIENT AND INPATIENT
20 PROGRAMS.
21 (15) TO DO OTHER THINGS REASONABLY RELATED TO
22 REHABILITATION.
23 (16) TO REMAIN WITHIN THE PREMISES OF THE DEFENDANT'S
24 RESIDENCE DURING THE HOURS DESIGNATED BY THE COURT.
25 (17) TO BE SUBJECT TO ELECTRONIC MONITORING.
26 (C) RESTRICTION.--A DEFENDANT RECEIVING A PENALTY UNDER 75
27 PA.C.S. § 3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF
28 ALCOHOL OR CONTROLLED SUBSTANCE) MAY ONLY BE SENTENCED TO
29 INTERMEDIATE PUNISHMENT:
30 (1) IN A REHABILITATION CENTER; OR
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1 (2) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE COMBINED
2 WITH DRUG AND ALCOHOL TREATMENT.
3 (D) SENTENCE FOLLOWING VIOLATION OF CONDITION.--THE SENTENCE
4 TO BE IMPOSED IN THE EVENT OF THE VIOLATION OF A CONDITION UNDER
5 SUBSECTION (C) SHALL NOT BE FIXED PRIOR TO FINDING ON THE RECORD
6 THAT A VIOLATION HAS OCCURRED.
7 § 9773. MODIFICATION OR REVOCATION OF INTERMEDIATE PUNISHMENT
8 SENTENCE.
9 (A) GENERAL RULE.--THE COURT MAY TERMINATE CONTINUED
10 SUPERVISION OR LESSEN OR INCREASE THE CONDITIONS UPON WHICH A
11 SENTENCE HAS BEEN IMPOSED UNDER SECTION 9763 (RELATING TO
12 SENTENCE OF INTERMEDIATE PUNISHMENT).
13 (B) REVOCATION.--THE COURT MAY REVOKE A SENTENCE UNDER
14 SECTION 9763 UPON PROOF OF THE VIOLATION OF SPECIFIED CONDITIONS
15 OF THE SENTENCE. UPON REVOCATION, THE SENTENCING ALTERNATIVES
16 AVAILABLE TO THE COURT SHALL BE THE SAME AS WERE AVAILABLE AT
17 THE TIME OF INITIAL SENTENCING, DUE CONSIDERATION BEING GIVEN TO
18 THE TIME SPENT SERVING THE INTERMEDIATE PUNISHMENT SENTENCE.
19 (C) HEARING REQUIRED.--THERE SHALL BE NO REVOCATION OR
20 INCREASE OF CONDITIONS OF SENTENCE UNDER THIS SECTION WITHOUT A
21 HEARING AT WHICH THE COURT SHALL CONSIDER THE RECORD OF THE
22 SENTENCING PROCEEDING AND THE EVIDENCE OF THE CONDUCT OF THE
23 DEFENDANT WHILE SERVING A SENTENCE OF INTERMEDIATE PUNISHMENT. A
24 HEARING IS NOT REQUIRED FOR THE ELIMINATION OF INTERMEDIATE
25 PUNISHMENT OR A DECREASE IN THE CONDITION OF SENTENCE.
26 SECTION 3. THIS ACT SHALL APPLY TO SENTENCES IMPOSED ON OR
27 AFTER THE EFFECTIVE DATE OF THIS ACT, REGARDLESS OF WHEN THE
28 ACTION WAS INITIATED.
29 SECTION 4. THIS ACT SHALL TAKE EFFECT JULY 1, 1991, OR
30 IMMEDIATELY, WHICHEVER IS LATER.
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