PRINTER'S NO. 2819
No. 2109 Session of 2001
INTRODUCED BY GABIG, M. BAKER, CAPPELLI, CLARK, COLEMAN,
CREIGHTON, EGOLF, GODSHALL, LEDERER, LYNCH, McCALL, METCALFE,
R. MILLER, ROHRER, SAYLOR, E. Z. TAYLOR AND WOGAN,
OCTOBER 31, 2001
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 31, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for liability
3 for violations of general and specific criminal statutes and
4 for merger of sentences.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding sections to read:
9 § 9303. Liability for violations of general and specific
10 criminal statutes.
11 Notwithstanding the provisions of 1 Pa.C.S. § 1933 (relating
12 to particular controls general) or any other statute to the
13 contrary, where the same conduct of a defendant violates more
14 than one criminal statute, the defendant may be prosecuted under
15 all available statutory criminal provisions without regard to
16 the generality or specificity of the statutes.
17 § 9765. Merger of sentences.
18 No crimes shall merge for sentencing purposes unless the
1 crimes arise from a single criminal transaction and all of the
2 statutory elements of one offense are included in the statutory
3 elements of the other offense.
4 Section 2. This act shall take effect in 60 days.
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