THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCHRODER, BELFANTI, CREIGHTON, DALLY, GEIST, GINGRICH, KORTZ, RAPP, READSHAW, ROHRER AND VULAKOVICH, APRIL 7, 2009

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 7, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing, in

Pennsylvania Commission on Sentencing, for sentencing

database.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 42 of the Pennsylvania Consolidated Statutes

is amended by adding a section to read:

§ 2155.1.  Sentencing database.

(a)  General rule.--The commission shall maintain a database

of sentencing information which shall be open to public

inspection and shall be posted on the Internet. The database

shall be maintained in a format which allows sentencing

information to be searched at a minimum by criminal offense,

judge and judicial district.

(b)  Contents of database.--The database shall contain

sentencing information which includes, at a minimum:

(1)  The sentence for a conviction for each misdemeanor

or felony in this Commonwealth.

(2)  Whether sentences were imposed consecutively or

concurrently.

(3)  Whether a sentence was within the sentencing

guidelines adopted by the commission.

(4)  The contemporaneous written statement provided by

the court pursuant to section 9721(b) (relating to sentencing

generally) for a sentence imposed outside the sentencing

guidelines.

(5)  Whether an appellate court vacated a sentence and

remanded the case to the sentencing court pursuant to section

9781(c) (relating to appellate review of sentence).

(6)  Whether the Commonwealth appealed a sentence for

failure to impose a mandatory minimum sentence and whether

the appellate court vacated a sentence and remanded the case

to the sentencing court under any provision of:

(i)  This title:

Section 9712(d) (relating to sentences for

offenses committed with firearms).

Section 9712.1(e) (relating to sentences for

certain drug offenses committed with firearms).

Section 9713(e) (relating to sentences for

offenses committed on public transportation).

Section 9714(f) (relating to sentences for second

and subsequent offenses).

Section 9715(d) (relating to life imprisonment

for homicide).

Section 9719(d) (relating to sentences for

offenses committed while impersonating a law

enforcement officer).

(ii)  Title 18 (relating to crimes and offenses):

Section 2506(e) (relating to drug delivery

resulting in death).

Section 5123(a.1) (relating to contraband).

Section 6111(h)(4) (relating to sale or transfer

of firearms).

Section 6314(e) (relating to sentencing and

penalties for trafficking drugs to minors).

Section 7508(d) (relating to drug trafficking

sentencing and penalties).

(iii)  Any law imposing a mandatory minimum sentence.

(c)  Definition.--As used in this section, the term

"conviction" includes a conviction, a finding of guilty or the

entering of a plea of guilty or nolo contendere.

Section 2.  This act shall take effect in 60 days.