PRIOR PRINTER'S NO. 1404 PRINTER'S NO. 2368
No. 1198 Session of 2005
INTRODUCED BY D. EVANS, O'BRIEN, BOYD, BROWNE, CALTAGIRONE,
CAPPELLI, CRAHALLA, CURRY, DiGIROLAMO, EACHUS, FEESE,
FRANKEL, GINGRICH, GODSHALL, GOODMAN, KENNEY, KIRKLAND,
MELIO, PISTELLA, J. TAYLOR, WATERS, WHEATLEY, WILLIAMS,
HENNESSEY, REICHLEY, WASHINGTON AND MUSTIO, MARCH 29, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 28, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, FURTHER PROVIDING FOR THE OFFENSE OF <--
3 POSSESSING INSTRUMENTS OF CRIME AND FOR PERSONS NOT TO
4 POSSESS, USE, MANUFACTURE, CONTROL, SELL OR TRANSFER
5 FIREARMS; AND providing for serious drug trafficking and
6 violent repeat offenders not to possess, use, manufacture,
7 control, sell or transfer firearms.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Title 18 of the Pennsylvania Consolidated <--
11 Statutes is amended by adding a section to read:
12 SECTION 1. SECTIONS 907(B) AND 6105(C)(8) OF TITLE 18 OF THE <--
13 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
14 § 907. POSSESSING INSTRUMENTS OF CRIME.
15 * * *
16 (B) POSSESSION OF WEAPON.--A PERSON COMMITS A [MISDEMEANOR
17 OF THE FIRST] FELONY OF THE THIRD DEGREE IF HE POSSESSES A
18 FIREARM OR OTHER WEAPON CONCEALED UPON HIS PERSON WITH INTENT TO
1 EMPLOY IT CRIMINALLY.
2 * * *
3 § 6105. PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL
4 OR TRANSFER FIREARMS.
5 * * *
6 (C) OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN
7 CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE
8 FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF
9 SUBSECTION (A):
10 * * *
11 (8) A PERSON WHO WAS ADJUDICATED DELINQUENT BY A COURT
12 PURSUANT TO 42 PA.C.S. § 6341 OR UNDER ANY EQUIVALENT FEDERAL
13 STATUTE OR STATUTE OF ANY OTHER STATE AS A RESULT OF CONDUCT
14 WHICH IF COMMITTED BY AN ADULT WOULD CONSTITUTE AN OFFENSE
15 UNDER PARAGRAPH (2) OR AN OFFENSE ENUMERATED IN SUBSECTION
16 (B) WITH THE EXCEPTION OF THOSE CRIMES SET FORTH IN PARAGRAPH
17 (7). THIS PROHIBITION SHALL TERMINATE 15 YEARS AFTER THE LAST
18 APPLICABLE DELINQUENT ADJUDICATION OR UPON THE PERSON
19 REACHING THE AGE OF 30, WHICHEVER IS EARLIER.
20 * * *
21 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
22 § 6105.2. Serious drug trafficking or violent repeat offenders
23 not to possess, use, manufacture, control, sell or
24 transfer firearms.
25 (a) Offense defined.--
26 (1) A person who has two prior convictions for
27 qualifying criminal offenses arising from separate criminal
28 transactions commits a felony of the second degree if the
29 person possesses, uses, controls, sells, transfers or
30 manufactures a firearm in this Commonwealth.
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1 (2) A person who has three or more prior convictions for
2 qualifying criminal offenses arising from separate criminal
3 transactions commits a felony of the first degree if the
4 person possesses, uses, controls, sells, transfers or
5 manufactures a firearm in this Commonwealth.
6 (b) Mandatory minimum sentence.--A person convicted under
7 subsection (a)(1) shall be sentenced to a minimum term of at
8 least five years total confinement. A person convicted under
9 subsection (a)(2) shall be sentenced to a minimum term of at
10 least ten years total confinement.
11 (c) Notice.--Reasonable notice of the Commonwealth's
12 intention to proceed under subsection (b) shall be provided to
13 the defendant before sentencing.
14 (d) Authority of court in sentencing.--There shall be no
15 authority in any court to impose on an offender to which this
16 section is applicable a lesser sentence than provided for in
17 this section or to place the offender on probation, parole, work
18 release or prerelease or to suspend sentence. Nothing in this
19 section shall prevent the sentencing court from imposing a
20 sentence greater than provided in this section. Sentencing
21 guidelines promulgated by the Pennsylvania Commission on
22 Sentencing shall not supersede the mandatory sentences provided
23 in this section.
24 (e) Appeal by Commonwealth.--If a sentencing court refuses
25 to apply the sentencing provisions of subsection (b) where
26 applicable, the Commonwealth shall have the right to appellate
27 review of the action of the sentencing court. The appellate
28 court shall vacate the sentence and remand the case to the
29 sentencing court for imposition of a sentence in accordance with
30 subsection (b) if it finds that the sentence was imposed in
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1 violation of subsection (b).
2 (f) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 "Firearm." Any weapons as set forth in section 6105(i)
6 (relating to persons not to possess, use, manufacture, control,
7 sell or transfer firearms).
8 "Prior conviction." A plea of guilty, a plea of nolo
9 contendere, a finding of guilt by a court or an adjudication of
10 delinquency, entered before the commission of the current
11 offense under subsection (a), whether or not sentence has been
12 imposed or disposition ordered for the prior offense.
13 "Qualifying criminal offense." A serious crime of violence
14 or serious drug trafficking offense.
15 "Serious crime of violence." Any offense set forth in 42
16 Pa.C.S. § 9714(g) (relating to sentences for second and
17 subsequent offenses).
18 "Serious drug trafficking offense." Any drug trafficking
19 offense subject to the provisions of section 6314 (relating to
20 sentencing and penalties for trafficking drugs to minors) or
21 7508 (relating to drug trafficking sentencing and penalties), or
22 an equivalent crime in another jurisdiction.
23 Section 2 3. This act shall take effect in 60 days. <--
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