PRINTER'S NO. 45
No. 72 Session of 1995
INTRODUCED BY RUDY, THOMAS, STEELMAN, PHILLIPS, CLARK, BUXTON, COWELL, PLATTS, TIGUE, CAWLEY, BATTISTO, STURLA, READSHAW, HERMAN, TRELLO, VEON, BEBKO-JONES, E. Z. TAYLOR, LEVDANSKY, SCRIMENTI, SURRA, GORDNER, FAIRCHILD, HORSEY AND MUNDY, JANUARY 19, 1995
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 19, 1995
AN ACT 1 Amending Titles 18 (Crimes and Offenses), 23 (Domestic 2 Relations) and 42 (Judiciary and Judicial Procedure) of the 3 Pennsylvania Consolidated Statutes, further providing for 4 sexual offenses and the consequences of committing sexual 5 offenses and for sentences for offenses against infant 6 persons; providing for the testimony of children; and 7 imposing penalties. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Sections 3101 and 3102 of Title 18 of the 11 Pennsylvania Consolidated Statutes are amended to read: 12 § 3101. Definitions. 13 Subject to additional definitions contained in subsequent 14 provisions of this chapter which are applicable to specific 15 provisions of this chapter, the following words and phrases when 16 used in this chapter shall have, unless the context clearly 17 indicates otherwise, the meanings given to them in this section: 18 "Complainant." An alleged victim of a crime under this 19 chapter.
1 ["Deviate sexual intercourse." Sexual intercourse per os or 2 per anus between human beings who are not husband and wife, 3 except as provided in section 3128 (relating to spousal sexual 4 assault), and any form of sexual intercourse with an animal. The 5 term also includes penetration, however slight, of the genitals 6 or anus of another person with a foreign object for any purpose 7 other than good faith medical, hygienic or law enforcement 8 procedures.] 9 "Foreign object." Includes any physical object not a part of 10 the actor's body. 11 "Indecent contact." Any touching of the sexual or other 12 intimate parts of the person for the purpose of arousing or 13 gratifying sexual desire, in either person. 14 "Sexual intercourse." In addition to its ordinary meaning, 15 includes intercourse per os or per anus, with some penetration, 16 however slight, and any form of sexual intercourse with an 17 animal; emission is not required. The term also includes 18 penetration, however slight, of the genitals or anus of another 19 person with a foreign object for any purpose other than good 20 faith medical, hygienic or law enforcement procedures. 21 § 3102. Mistake as to age. 22 Whenever in this chapter the criminality of conduct depends 23 on a child being below the age of [14] 13 years, it is no 24 defense that the [actor] defendant did not know the age of the 25 child, or reasonably believed the child to be the age of [14] 13 26 years or older. When criminality depends on the child's being 27 below a critical age [other] older than [14] 13 years, it is a 28 defense for the [actor] defendant to prove by a preponderance of 29 the evidence that he or she reasonably believed the child to be 30 above the critical age. 19950H0072B0045 - 2 -
1 Section 2. Section 3103 of Title 18 is repealed. 2 Section 3. Sections 3105 and 3106 of Title 18 are amended to 3 read: 4 § 3105. Prompt complaint. 5 Prompt reporting to public authority is not required in a 6 prosecution under this chapter: Provided, however, That nothing 7 in this section shall be construed to prohibit a defendant from 8 introducing evidence of the [alleged victim's] complainant's 9 failure to promptly report the crime if such evidence would be 10 admissible pursuant to the rules of evidence. 11 § 3106. Testimony of complainants. 12 The credibility of [an alleged victim] a complainant of an 13 offense under this chapter shall be determined by the same 14 standard as is the credibility of [an alleged victim] a 15 complainant of any other crime. The testimony of a [victim] 16 complainant need not be corroborated in prosecutions under this 17 chapter. [In any prosecution before a jury for an offense under 18 this chapter, no] No instructions shall be given cautioning the 19 jury to view the [alleged victim's] complainant's testimony in 20 any other way than that in which all victims' testimony is 21 viewed. 22 Section 4. Sections 3121 and 3122 of Title 18 are amended to 23 read: 24 [§ 3121. Rape. 25 A person commits a felony of the first degree when he engages 26 in sexual intercourse with another person not his spouse: 27 (1) by forcible compulsion; 28 (2) by threat of forcible compulsion that would prevent 29 resistance by a person of reasonable resolution; 30 (3) who is unconscious; or 19950H0072B0045 - 3 -
1 (4) who is so mentally deranged or deficient that such 2 person is incapable of consent. 3 Whenever the term "rape" is used in this title or any other 4 title, it is deemed to include spousal sexual assault as further 5 defined in section 3128 (relating to spousal sexual assault). 6 § 3122. Statutory rape. 7 A person who is 18 years of age or older commits statutory 8 rape, a felony of the second degree, when he engages in sexual 9 intercourse with another person not his spouse who is less than 10 14 years of age.] 11 § 3121. Aggravated sexual assault. 12 A defendant commits a felony of the first degree when the 13 defendant engages in sexual intercourse with a complainant if: 14 (1) the defendant does so by forcible compulsion; 15 (2) the defendant does so by threat of forcible 16 compulsion that would prevent resistance by a person of 17 reasonable resolution; 18 (3) the complainant is unconscious or the defendant 19 knows that the complainant is unaware that the sexual 20 intercourse is occurring; 21 (4) the defendant has substantially impaired the 22 complainant's power to appraise or control his or her conduct 23 by administering or employing, without the knowledge of the 24 complainant, drugs, intoxicants or other means for the 25 purpose of preventing resistance; 26 (5) the complainant suffers from a mental disability 27 which renders him or her incapable of consent; 28 (6) the complainant is in custody of law or detained in 29 a hospital or other institution and the defendant has 30 supervisory or disciplinary authority over the complainant; 19950H0072B0045 - 4 -
1 (7) the complainant is 12 years of age or younger; or 2 (8) the complainant is 15 years of age or younger and 3 the defendant is four or more years older than the 4 complainant. This paragraph shall not apply where the 5 defendant and the complainant are married. 6 Forcible compulsion includes, but is not limited to, compulsion 7 resulting in another person's death, whether the death occurred 8 before, during or after the sexual intercourse. 9 § 3122. Sexual assault. 10 A defendant commits a felony of the second degree when the 11 defendant engages in sexual intercourse with a complainant 12 without the complainant's consent. 13 Section 5. Sections 3123 and 3124 of Title 18 are repealed. 14 Section 6. Sections 3125, 3126 and 3127 of Title 18 are 15 amended to read: 16 § 3125. Aggravated indecent assault. 17 Except as provided in sections 3121 (relating to [rape), 3122 18 (relating to statutory rape) and 3123 (relating to involuntary 19 deviate sexual intercourse), a person commits a felony of the 20 second degree when he] aggravated sexual assault) and 3122 21 (relating to sexual assault), a defendant who engages in 22 penetration, however slight, of the genitals or anus of 23 [another] the complainant with a part of the [actor's] 24 defendant's body for any purpose other than good faith medical, 25 hygienic or law enforcement procedures commits aggravated 26 indecent assault, a felony of the second degree, if: 27 [(1) he does so without the consent of the other person; 28 (2) he knows that the other person suffers from a mental 29 disease or defect which renders him or her incapable of 30 appraising the nature of his or her conduct; 19950H0072B0045 - 5 -
1 (3) he knows that the other person is unaware that the 2 indecent contact is being committed; 3 (4) he has substantially impaired the other person's 4 power to appraise or control his or her conduct by 5 administering or employing, without the knowledge of the 6 other, drugs, intoxicants or other means for the purpose of 7 preventing resistance; 8 (5) the other person is in custody of law or detained in 9 a hospital or other institution and the actor has supervisory 10 or disciplinary authority over him; or 11 (6) he is over 18 years of age and the other person is 12 under 14 years of age.] 13 (1) the defendant does so without the complainant's 14 consent; 15 (2) the defendant does so by forcible compulsion; 16 (3) the defendant does so by threat of forcible 17 compulsion that would prevent resistance by a person of 18 reasonable resolution; 19 (4) the complainant is unconscious or the defendant 20 knows that the complainant is unaware that the penetration is 21 occurring; 22 (5) the defendant has substantially impaired the 23 complainant's power to appraise or control his or her conduct 24 by administering or employing, without the knowledge of the 25 complainant, drugs, intoxicants or other means for the 26 purpose of preventing resistance; 27 (6) the complainant suffers from a mental disability 28 which renders him or her incapable of consent; 29 (7) the complainant is in custody of law or detained in 30 a hospital or other institution and the defendant has 19950H0072B0045 - 6 -
1 supervisory or disciplinary authority over the complainant; 2 (8) the complainant is 12 years of age or younger; or 3 (9) the complainant is 15 years of age or younger and 4 the defendant is four or more years older than the 5 complainant. 6 § 3126. Indecent assault. 7 (a) Offense defined.--A [person] defendant who has indecent 8 contact with [another not his spouse] the complainant, or causes 9 [such other] the complainant to have indecent contact with [him] 10 the defendant, is guilty of indecent assault if: 11 [(1) he does so without the consent of the other person; 12 (2) he knows that the other person suffers from a mental 13 disease or defect which renders him or her incapable of 14 appraising the nature of his or her conduct; 15 (3) he knows that the other person is unaware that a 16 indecent contact is being committed; 17 (4) he has substantially impaired the other person's 18 power to appraise or control his or her conduct by 19 administering or employing without the knowledge of the other 20 drugs, intoxicants or other means for the purpose of 21 preventing resistance; 22 (5) the other person is in custody of law or detained in 23 a hospital or other institution and the actor has supervisory 24 or disciplinary authority over him; or 25 (6) he is over 18 years of age and the other person is 26 under 14 years of age.] 27 (1) the defendant does so without the complainant's 28 consent; 29 (2) the defendant does so by forcible compulsion; 30 (3) the defendant does so by threat of forcible 19950H0072B0045 - 7 -
1 compulsion that would prevent resistance by a person of 2 reasonable resolution; 3 (4) the complainant is unconscious or the defendant 4 knows that the complainant is unaware that the indecent 5 contact is occurring; 6 (5) the defendant has substantially impaired the 7 complainant's power to appraise or control his or her conduct 8 by administering or employing, without the knowledge of the 9 complainant, drugs, intoxicants or other means for the 10 purpose of preventing resistance; 11 (6) the complainant suffers from a mental disability 12 which renders him or her incapable of consent; 13 (7) the complainant is in custody of law or detained in 14 a hospital or other institution and the defendant has 15 supervisory or disciplinary authority over the complainant; 16 (8) the complainant is 12 years of age or youunger; or 17 (9) the complainant is 15 years of age or younger and 18 the defendant is four or more years older than the 19 complainant. 20 (b) Grading.--Indecent assault under subsection (a)[(6)](8) 21 is a misdemeanor of the first degree. Otherwise, indecent 22 assault is a misdemeanor of the second degree. 23 § 3127. Indecent exposure. 24 (a) Offense defined.--A [person] defendant commits [a 25 misdemeanor of the second degree] indecent exposure if[, for the 26 purpose of arousing or gratifying sexual desire of himself or of 27 any person other than his spouse, he] the defendant exposes his 28 or her genitals in any public place or in any place where there 29 are present other persons under circumstances in which he or she 30 knows [his] or should know that this conduct is likely to 19950H0072B0045 - 8 -
1 [cause] offend, affront or alarm. 2 (b) Grading.--If the defendant knows or should have known 3 that any of the persons present are 15 years of age or younger, 4 indecent exposure under subsection (a) is a misdemeanor of the 5 first degree. Otherwise, indecent exposure under subsection (a) 6 is a misdemeanor of the second degree. 7 Section 7. Section 3128 of Title 18 is repealed. 8 Section 8. Sections 4302, 4303 and 6312 of Title 18 are 9 amended to read: 10 § 4302. Incest. 11 A [person] defendant is guilty of incest, a felony of the 12 second degree, if he or she knowingly marries or cohabits or has 13 sexual intercourse with an ancestor or descendant, a brother or 14 sister of the whole or half blood or an uncle, aunt, nephew or 15 niece of the whole blood. The relationships referred to in this 16 section include blood relationships without regard to 17 legitimacy, and relationship of parent and child by adoption or 18 as foster parent. 19 § 4303. Concealing death of child [born out of wedlock]. 20 (a) Offense defined.--A [person] defendant is guilty of a 21 misdemeanor of the [third] first degree if he or she endeavors 22 privately, either alone or by the procurement of others, to 23 conceal the death of his or her child [born out of wedlock,] so 24 that it may not come to light, whether it was born dead or alive 25 or whether it was murdered or not. 26 (b) Procedure.--If the same indictment or information 27 charges any person with the murder of his or her child [born out 28 of wedlock], as well as with the offense of the concealment of 29 the death, the jury may acquit or convict him or her of both 30 offenses, or find him or her guilty of one and acquit him or her 19950H0072B0045 - 9 -
1 of the other. 2 § 6312. Sexual abuse of children. 3 (a) Definition.--As used in this section, "prohibited sexual 4 act" means sexual intercourse[, anal intercourse, masturbation, 5 bestiality, sadism, masochism, fellatio, cunnilingus,] as 6 defined in section 3101 (relating to definitions), masturbation, 7 sadism, masochism, lewd exhibition of the genitals or nudity if 8 [such nudity] it is depicted for the purpose of sexual 9 stimulation or gratification of any person who might view such 10 depiction. 11 (b) Photographing, videotaping, depicting on computer or 12 filming sexual acts.--Any person who causes or knowingly permits 13 a child [under the age of] 17 years of age or younger to engage 14 in a prohibited sexual act or in the simulation of such act is 15 guilty of a felony of the second degree if such person knows, 16 has reason to know or intends that such act may be photographed, 17 videotaped, depicted on computer or filmed. Any person who 18 knowingly photographs, videotapes, depicts on computer or films 19 a child [under the age of] 17 years of age or younger engaging 20 in a prohibited sexual act or in the simulation of such an act 21 is guilty of a felony of the second degree. 22 (c) Dissemination of photographs, videotapes, computer 23 depictions and films.--Any person who knowingly sells, 24 distributes, delivers, disseminates, transfers, displays or 25 exhibits to others, or who possesses for the purpose of sale, 26 distribution, delivery, dissemination, transfer, display or 27 exhibition to others, any book, magazine, pamphlet, slide, 28 photograph, film, videotape or other material [depicting] 29 containing photographs, videotapes, computer depictions or films 30 of a child [under the age of] 17 years of age or younger 19950H0072B0045 - 10 -
1 engaging in a prohibited sexual act or in the simulation of such 2 act is guilty of a felony of the third degree. 3 (d) Possession of child pornography.--Any person who 4 knowingly possesses or controls any book, magazine, pamphlet, 5 slide, photograph, film, videotape or other material [depicting] 6 containing photographs, videotapes, computer depictions or films 7 of a child [under the age of] 17 years of age or younger 8 engaging in a prohibited sexual act or in the simulation of such 9 act is guilty of a felony of the third degree. 10 (e) Evidence of age.--In the event a person involved in a 11 prohibited sexual act is alleged to be a child [under the age 12 of] 17 years of age or younger, competent expert testimony shall 13 be sufficient to establish the age of said person. 14 (e.1) Mistake as to age.--Under subsection (b) only, it is 15 no defense that the defendant did not know the age of the child. 16 Neither a misrepresentation of age by the child nor a bona fide 17 belief that the person is over the specified age shall be a 18 defense. 19 (f) Exceptions.--This section does not apply to any material 20 that is possessed, controlled, brought or caused to be brought 21 into this Commonwealth, or presented for a bona fide 22 educational, scientific, governmental or judicial purpose. 23 Section 9. Section 5303(b) of Title 23 is amended to read: 24 § 5303. Award of custody, partial custody or visitation. 25 * * * 26 (b) Consideration of criminal conviction.--If a parent has 27 been convicted of or has pleaded guilty or no contest to an 28 offense as set forth below, the court shall consider such 29 criminal conduct and shall determine that the parent does not 30 pose a threat of harm to the child before making an order of 19950H0072B0045 - 11 -
1 custody, partial custody or visitation to that parent: 2 (1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide); 3 (2) 18 Pa.C.S. § 2901 (relating to kidnapping); 4 (3) 18 Pa.C.S. § 2902 (relating to unlawful restraint); 5 (4) 18 Pa.C.S. § 3121 (relating to [rape] aggravated 6 sexual assault); 7 (5) 18 Pa.C.S. § 3122 (relating to [statutory rape] 8 sexual assault); 9 (6) 18 Pa.C.S. § [3123 (relating to involuntary deviate 10 sexual intercourse)] 3125 (relating to aggravated indecent 11 assault); 12 (7) 18 Pa.C.S. § 3126 (relating to indecent assault); 13 (8) 18 Pa.C.S. § 3127 (relating to indecent exposure); 14 [(8)] (9) 18 Pa.C.S. § 4302 (relating to incest); 15 [(9)] (10) 18 Pa.C.S. § 4304 (relating to endangering 16 welfare of children); 17 [(10)] (11) 18 Pa.C.S. § 5902(b) (relating to 18 prostitution and related offenses); or 19 [(11)] (12) 18 Pa.C.S. § 6312 (relating to sexual abuse 20 of children). 21 * * * 22 Section 10. The definition of "abuse" in section 6102 of 23 Title 23, amended October 6, 1994 (P.L.574, No.85), is amended 24 to read: 25 § 6102. Definitions. 26 (a) General rule.--The following words and phrases when used 27 in this chapter shall have the meanings given to them in this 28 section unless the context clearly indicates otherwise: 29 "Abuse." The occurrence of one or more of the following acts 30 between family or household members, sexual or intimate partners 19950H0072B0045 - 12 -
1 or persons who share biological parenthood: 2 (1) Attempting to cause or intentionally, knowingly or 3 recklessly causing bodily injury, serious bodily injury, 4 [rape, spousal sexual assault or involuntary deviate sexual 5 intercourse] aggravated sexual assault, sexual assault, 6 aggravated indecent assault or incest with or without a 7 deadly weapon. 8 (2) Placing another in reasonable fear of imminent 9 serious bodily injury. 10 (3) The infliction of false imprisonment pursuant to 18 11 Pa.C.S. § 2903 (relating to false imprisonment). 12 (4) Physically or sexually abusing minor children, 13 including such terms as defined in Chapter 63 (relating to 14 child protective services). 15 (5) Knowingly engaging in a course of conduct or 16 repeatedly committing acts toward another person, including 17 following the person, without proper authority, under 18 circumstances which place the person in reasonable fear of 19 bodily injury. The definition of this paragraph applies only 20 to proceedings commenced under this title and is inapplicable 21 to any criminal prosecutions commenced under Title 18 22 (relating to crimes and offenses). 23 * * * 24 Section 11. The definition of "sexual abuse or exploitation" 25 in section 6303 of Title 23, amended December 16, 1994 (P.L. , 26 No.151), is amended to read: 27 § 6303. Definitions. 28 The following words and phrases when used in this chapter 29 shall have the meanings given to them in this section unless the 30 context clearly indicates otherwise: 19950H0072B0045 - 13 -
1 * * * 2 "Sexual abuse or exploitation." The employment, use, 3 persuasion, inducement, enticement or coercion of any child to 4 engage in or assist any other person to engage in any sexually 5 explicit conduct, or any simulation of any sexually explicit 6 conduct, for the purpose of producing any visual depiction of 7 any sexually explicit conduct, videotaping or computer depicting 8 or the [rape] sexual assault, aggravated sexual assault, 9 aggravated indecent assault, indecent assault, molestation, 10 incest, indecent exposure, prostitution or other form of sexual 11 exploitation of children. 12 * * * 13 Section 12. Section 6344(c) of Title 23, amended December 14 16, 1994 (P.L. , No.151), is amended to read: 15 § 6344. Information relating to prospective child-care 16 personnel. 17 * * * 18 (c) Grounds for denying employment.--In no case shall an 19 administrator hire an applicant where the department has 20 verified that the applicant is named in the central register as 21 the perpetrator of a founded report of child abuse committed 22 within the five-year period immediately preceding verification 23 pursuant to this section. In no case shall an administrator hire 24 an applicant if the applicant's criminal history record 25 information indicates the applicant has been convicted of one or 26 more of the following offenses under Title 18 (relating to 27 crimes and offenses): 28 Chapter 25 (relating to criminal homicide). 29 Section 2702 (relating to aggravated assault). 30 Section 2709 (relating to harassment and stalking). 19950H0072B0045 - 14 -
1 Section 2901 (relating to kidnapping). 2 Section 2902 (relating to unlawful restraint). 3 [Section 3121 (relating to rape). 4 Section 3122 (relating to statutory rape). 5 Section 3123 (relating to involuntary deviate sexual 6 intercourse).] 7 Section 3121 (relating to aggravated sexual assault). 8 Section 3122 (relating to sexual assault). 9 Section 3125 (relating to aggravated indecent assault). 10 Section 3126 (relating to indecent assault). 11 Section 3127 (relating to indecent exposure). 12 Section 4302 (relating to incest). 13 Section 4303 (relating to concealing death of child [born 14 out of wedlock]). 15 Section 4304 (relating to endangering welfare of 16 children). 17 Section 4305 (relating to dealing in infant children). 18 A felony offense under section 5902(b) (relating to 19 prostitution and related offenses). 20 Section 5903(c) or (d) (relating to obscene and other 21 sexual materials and performances). 22 Section 6301 (relating to corruption of minors). 23 Section 6312 (relating to sexual abuse of children). 24 * * * 25 Section 13. Section 5552(b) of Title 42 is amended to read: 26 § 5552. Other offenses. 27 * * * 28 (b) Major offenses.--A prosecution for any of the following 29 offenses must be commenced within five years after it is 30 committed: 19950H0072B0045 - 15 -
1 (1) Under the following provisions of Title 18 (relating 2 to crimes and offenses): 3 Section 911 (relating to corrupt organizations). 4 Section 2706 (relating to terroristic threats). 5 Section 2901 (relating to kidnapping). 6 Section 3121 (relating to [rape] aggravated sexual 7 assault). 8 Section [3123 (relating to involuntary deviate sexual 9 intercourse] 3122 (relating to sexual assault). 10 Section 3125 (relating to aggravated indecent 11 assault). 12 Section 3301 (relating to arson and related 13 offenses). 14 Section 3502 (relating to burglary). 15 Section 3701 (relating to robbery). 16 Section 3921 (relating to theft by unlawful taking or 17 disposition) through section 3931 (relating to theft of 18 unpublished dramas and musical compositions). 19 Section 4101 (relating to forgery). 20 Section 4108 (relating to commercial bribery and 21 breach of duty to act disinterestedly). 22 Section 4109 (relating to rigging publicly exhibited 23 contest). 24 Section 4302 (relating to incest). 25 Section 4701 (relating to bribery in official and 26 political matters) through section 4703 (relating to 27 retaliation for past official action). 28 Section 4902 (relating to perjury) through section 29 4912 (relating to impersonating a public servant). 30 Section 4952 (relating to intimidation of witnesses 19950H0072B0045 - 16 -
1 or victims). 2 Section 4953 (relating to retaliation against witness 3 or victim). 4 Section 5101 (relating to obstructing administration 5 of law or other governmental function). 6 Section 5512 (relating to lotteries, etc.) through 7 section 5514 (relating to pool selling and bookmaking). 8 Section 5902(b) (relating to prostitution and related 9 offenses). 10 Section 6312 (relating to sexual abuse of children). 11 (2) Any offense punishable under section 13(f) of the 12 act of April 14, 1972 (P.L.233, No.64), known as ["]The 13 Controlled Substance, Drug, Device and Cosmetic Act.["] 14 (3) Any conspiracy to commit any of the offenses set 15 forth in paragraphs (1) and (2) and any solicitation to 16 commit any of the offenses in paragraphs (1) and (2) if the 17 solicitation results in the completed offense. 18 (4) Under the act of June 13, 1967 (P.L.31, No.21), 19 known as the ["]Public Welfare Code.["] 20 * * * 21 Section 14. Title 42 is amended by adding a section to read: 22 § 5989. Competency of victim or witness. 23 (a) General rule.--Every person who is an alleged victim of 24 or witness to a crime shall be presumed competent to testify in 25 any judicial proceeding regarding the alleged offense, except as 26 provided in subsection (b). 27 (b) Disqualification.--A person shall be disqualified to be 28 a witness if the court finds that the proposed witness is 29 incapable of: 30 (1) expressing himself or herself concerning the matter 19950H0072B0045 - 17 -
1 so as to be understood by the judge and jury either directly 2 or through interpretation by a person with no direct interest 3 in the proceedings who can understand him or her; 4 (2) understanding the duty of a witness to tell the 5 truth; or 6 (3) remembering the event about which the witness is 7 called to testify. 8 (c) Oath not required.--A child under ten years of age, in 9 the court's discretion, need not take an oath or make an 10 affirmation or declaration but may be required only to promise 11 to tell the truth. 12 Section 15. Sections 9712(a), 9713(a), 9714(a), 9717(a), 13 9718, 9719(a) and 9729(c) of Title 42 are amended to read: 14 § 9712. Sentences for offenses committed with firearms. 15 (a) Mandatory sentence.--Any person who is convicted in any 16 court of this Commonwealth of murder of the third degree, 17 voluntary manslaughter, [rape, involuntary deviate sexual 18 intercourse] aggravated sexual assault, robbery as defined in 18 19 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), 20 aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) 21 (relating to aggravated assault) or kidnapping, or who is 22 convicted of attempt to commit any of these crimes, shall, if 23 the person visibly possessed a firearm during the commission of 24 the offense, be sentenced to a minimum sentence of at least five 25 years of total confinement notwithstanding any other provision 26 of this title or other statute to the contrary. 27 * * * 28 § 9713. Sentences for offenses committed on public 29 transportation. 30 (a) Mandatory sentence.--Any person who is convicted in any 19950H0072B0045 - 18 -
1 court of this Commonwealth of murder of the third degree, 2 voluntary manslaughter, [rape, involuntary deviate sexual 3 intercourse] aggravated sexual assault, robbery as defined in 18 4 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), 5 arson as defined in 18 Pa.C.S. § 3301(a) (relating to arson and 6 related offenses), kidnapping or aggravated assault as defined 7 in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault), or 8 who is convicted of attempt to commit any of these crimes, shall 9 be sentenced to a minimum sentence of at least five years of 10 total confinement if the crime occurs in or near public 11 transportation as defined in subsection (b), notwithstanding any 12 other provision of this title or other statute to the contrary. 13 * * * 14 § 9714. Sentences for second and subsequent offenses. 15 (a) Mandatory sentence.--Any person who is convicted in any 16 court of this Commonwealth of murder of the third degree, 17 voluntary manslaughter, [rape, involuntary deviate sexual 18 intercourse] aggravated sexual assault, arson as defined in 18 19 Pa.C.S. § 3301(a) (relating to arson and related offenses), 20 kidnapping or robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), 21 (ii) or (iii) (relating to robbery), or attempt to commit any of 22 these crimes, or who is convicted of aggravated assault in which 23 the offender intentionally, knowingly or recklessly causes 24 serious bodily injury to another under circumstances manifesting 25 extreme indifference to the value of human life, shall, if they 26 have previously been convicted of a crime of violence as 27 specified in subsection (b), be sentenced to a minimum sentence 28 of at least five years of total confinement notwithstanding any 29 other provision of this title or other statute to the contrary. 30 * * * 19950H0072B0045 - 19 -
1 § 9717. Sentences for offenses against elderly persons. 2 (a) Mandatory sentence.--A person under 60 years of age 3 convicted of the following offenses when the victim is over 60 4 years of age and not a police officer shall be sentenced to a 5 mandatory term of imprisonment as follows: 6 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated 7 assault) - not less than two years. 8 18 Pa.C.S. § 3121 (relating to [rape] aggravated sexual 9 assault) - not less than five years. 10 [18 Pa.C.S. § 3123 (relating to involuntary deviate 11 sexual intercourse) - not less than five years.] 12 18 Pa.C.S. § 3922 (relating to theft by deception) - not 13 less than 12 months, but the imposition of the minimum 14 sentence shall be discretionary with the court where the 15 court finds justifiable cause and that finding is written in 16 the opinion. 17 * * * 18 § 9718. Sentences for offenses against infant persons. 19 (a) Mandatory sentence.-- 20 (1) A person convicted of the following offenses when 21 the victim is under 16 years of age shall be sentenced to a 22 mandatory term of imprisonment as follows: 23 18 Pa.C.S. § 2702(a)(1) [and (4)] (relating to 24 aggravated assault) - not less than [two] five years. 25 18 Pa.C.S. § 3121(1), (2), (3), (4), (5), (6) and (7) 26 (relating to [rape] aggravated sexual assault) - not less 27 than five years. 28 [18 Pa.C.S. § 3123 (relating to involuntary deviate 29 sexual intercourse) - not less than five years.] 30 (2) A person convicted of the following offenses when 19950H0072B0045 - 20 -
1 the victim is 12 years of age or younger shall be sentenced 2 to a mandatory term of imprisonment as follows: 3 18 Pa.C.S. § 3125 (relating to aggravated indecent 4 assault) - not less than two and one-half years. 5 (b) Eligibility for parole.--Parole shall not be granted 6 until the minimum term of imprisonment has been served. 7 § 9719. Sentences for offenses committed while impersonating a 8 law enforcement officer. 9 (a) Mandatory sentence.--A person convicted of murder of the 10 third degree, voluntary manslaughter, [rape, involuntary deviate 11 sexual intercourse] aggravated sexual assault, aggravated 12 assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to 13 aggravated assault), robbery as defined in 18 Pa.C.S. § 14 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or kidnapping 15 or who is convicted of attempt to commit any of these crimes 16 shall, if the person was impersonating a law enforcement officer 17 during the commission of the offense, be sentenced to a minimum 18 sentence of at least three years of total confinement 19 notwithstanding any other provision of this title or other 20 statute to the contrary. 21 * * * 22 § 9729. Intermediate punishment. 23 * * * 24 (c) Ineligibility.-- 25 (1) A person convicted of any of the following offenses 26 shall be ineligible for sentencing under this section: 27 18 Pa.C.S. § 2502 (relating to murder). 28 18 Pa.C.S. § 2503 (relating to voluntary 29 manslaughter). 30 18 Pa.C.S. § 2702 (relating to aggravated assault). 19950H0072B0045 - 21 -
1 18 Pa.C.S. § 2703 (relating to assault by prisoner). 2 18 Pa.C.S. § 2704 (relating to assault by life 3 prisoner). 4 18 Pa.C.S. § 2901 (relating to kidnapping). 5 18 Pa.C.S. § 3121 (relating to [rape] aggravated 6 sexual assault). 7 18 Pa.C.S. § 3122 (relating to [statutory rape] 8 sexual assault). 9 [18 Pa.C.S. § 3123 (relating to involuntary deviate 10 sexual intercourse).] 11 18 Pa.C.S. § 3125 (relating to aggravated indecent 12 assault). 13 18 Pa.C.S. § 3126 (relating to indecent assault). 14 18 Pa.C.S. § 3301 (relating to arson and related 15 offenses). 16 18 Pa.C.S. § 3701 (relating to robbery). 17 18 Pa.C.S. § 3923 (relating to theft by extortion). 18 18 Pa.C.S. § 4302 (relating to incest). 19 18 Pa.C.S. § 5121 (relating to escape). 20 (2) An offense under this subsection also includes a 21 conviction under 18 Pa.C.S. § 3502 (relating to burglary) 22 where the grading of the offense was a felony of the first 23 degree under section 3502(c)(1). 24 (3) A person sentenced under 18 Pa.C.S. § 6314 (relating 25 to sentencing and penalties for trafficking drugs to minors) 26 or 7508 (relating to drug trafficking sentencing and 27 penalties) shall be ineligible for sentencing under this 28 section. 29 Section 16. This act shall apply as follows: 30 (1) The amendment or addition of 18 Pa.C.S. §§ 3101, 19950H0072B0045 - 22 -
1 3102, 3105, 3106, 3121, 3122, 3125, 3126, 3127, 4302, 4303 2 and 6312 shall apply to offenses committed on or after the 3 effective date of this act. 4 (2) The addition of 42 Pa.C.S. § 5989 shall apply to 5 proceedings conducted on or after the effective date of this 6 act. 7 Section 17. This act shall take effect in 60 days. L13L18SFG/19950H0072B0045 - 23 -