PRINTER'S NO. 1678

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1439 Session of 1995


        INTRODUCED BY E. Z. TAYLOR, SCHRODER, PITTS, FARGO, FLEAGLE,
           NAILOR, SERAFINI, BROWN, McCALL, STISH, SAYLOR, ALLEN, WAUGH,
           TANGRETTI, VAN HORNE, PISTELLA, EGOLF, L. I. COHEN,
           TRAVAGLIO, HASAY, LEVDANSKY, FAJT, BARD, WALKO, HESS,
           ARMSTRONG, BAKER, CLARK, BUNT, LEH, MERRY, BROWNE, BOSCOLA,
           FICHTER, COLAIZZO, LUCYK, MELIO, HERSHEY, RAYMOND, LYNCH,
           CAWLEY, CORRIGAN, PETTIT, GRUPPO, HENNESSEY, TRUE, KING,
           TRELLO, VANCE, MARSICO AND READSHAW, APRIL 25, 1995

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 25, 1995

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     sentencing procedure for murder of the first degree.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9711(d)(1) of Title 42 of the
     7  Pennsylvania Consolidated Statutes is amended to read:
     8  § 9711.  Sentencing procedure for murder of the first degree.
     9     * * *
    10     (d)  Aggravating circumstances.--Aggravating circumstances
    11  shall be limited to the following:
    12         (1)  The victim was a fireman, peace officer, volunteer
    13     firefighter, emergency medical team volunteer, public servant
    14     concerned in official detention, as defined in 18 Pa.C.S. §
    15     5121 (relating to escape), judge of any court in the unified


     1     judicial system, the Attorney General of Pennsylvania, a
     2     deputy attorney general, district attorney, assistant
     3     district attorney, member of the General Assembly, Governor,
     4     Lieutenant Governor, Auditor General, State Treasurer, State
     5     law enforcement official, local law enforcement official,
     6     Federal law enforcement official or person employed to assist
     7     or assisting any law enforcement official in the performance
     8     of his duties, who was killed in the performance of his
     9     duties or as a result of his official position.
    10         * * *
    11     Section 2.  This act shall take effect in 60 days.













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