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                                                       PRINTER'S NO. 753

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 660 Session of 2005


        INTRODUCED BY CASORIO, BELFANTI, CAPPELLI, DALEY, FABRIZIO,
           KOTIK, LEDERER, PALLONE, PISTELLA, SOLOBAY, THOMAS,
           WASHINGTON, WOJNAROSKI, YOUNGBLOOD, SAINATO AND SHANER,
           MARCH 1, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2005

                                     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. § 2702(a)(1) and (4) (relating to aggravated
    14     assault) - not less than two years.
    15         18 Pa.C.S. § 3121 (relating to rape) - not less than five
    16     years.
    17         18 Pa.C.S. § 3123 (relating to involuntary deviate sexual


     1     intercourse) - not less than five years.
     2         18 Pa.C.S. § 3921 (relating to theft by unlawful taking
     3     or disposition), 3922 (relating to theft by deception) or
     4     4101 (relating to forgery) - not less than 12 months, but the
     5     imposition of the minimum sentence shall be discretionary
     6     with the court where the court finds justifiable cause and
     7     that finding is written in the opinion.
     8     (b)  Eligibility for parole.--Parole shall not be granted
     9  until the minimum term of imprisonment has been served.
    10     Section 2.  This act shall take effect in 60 days.














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