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                                                       PRINTER'S NO. 904

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 785 Session of 2007


        INTRODUCED BY PETRI, BARRAR, COX, EVERETT, FAIRCHILD, GEIST,
           GILLESPIE, GINGRICH, HERSHEY, HESS, HICKERNELL, W. KELLER,
           KILLION, MAHONEY, MANN, R. MILLER, MYERS, PICKETT, RAYMOND,
           SAYLOR, SCAVELLO, J. TAYLOR, TRUE, WATSON, WILLIAMS, HORNAMAN
           AND MURT, MARCH 19, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     sentences for offenses committed with firearms.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9712(a) of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 9712.  Sentences for offenses committed with firearms.
     9     (a)  Mandatory sentence.--Except as provided under section
    10  9716 (relating to two or more mandatory minimum sentences
    11  applicable), any person who is convicted in any court of this
    12  Commonwealth of a crime of violence as defined in section
    13  9714(g) (relating to sentences for second and subsequent
    14  offenses), shall[, if]:
    15         (1)  Be sentenced, notwithstanding any other provision of
    16     this title or other statute to the contrary, to a minimum
    17     sentence of at least five years of total confinement, if the

     1     person visibly possessed a firearm or a replica of a firearm,
     2     whether or not the firearm or replica was loaded or
     3     functional, that placed the victim in reasonable fear of
     4     death or serious bodily injury, during the commission of the
     5     offense. [, be sentenced to a minimum sentence of at least
     6     five years of total confinement notwithstanding any other
     7     provision of this title or other statute to the contrary.]
     8         (2)  Be sentenced, notwithstanding any other provision of
     9     this title or other statute to the contrary, to a minimum
    10     sentence of at least seven years of total confinement, if the
    11     person:
    12             (i)  discharged a firearm during the commission of
    13         the offense; or
    14             (ii)  during the commission of the offense, visibly
    15         possessed a firearm that the person knew or had reason to
    16         know was stolen or had been sold, delivered or
    17         transferred in violation of 18 Pa.C.S. § 6111 (relating
    18         to sale or transfer of firearms).
    19  Such persons shall not be eligible for parole, probation, work
    20  release or furlough.
    21     * * *
    22     Section 2.  This act shall take effect in 60 days.






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