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| PRIOR PRINTER'S NO. 585 | PRINTER'S NO. 2627 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MURPHY, DeLUCA, FABRIZIO, HORNAMAN, KNOWLES, KORTZ, MICOZZIE, MOUL, MURT, PYLE, SANTARSIERO, SCHRODER, K. SMITH, VULAKOVICH, CARROLL, MULLERY, DePASQUALE, ROCK, DIGIROLAMO, DAVIS, HARKINS, STABACK, DALEY, YOUNGBLOOD, D. COSTA AND BROWNLEE, FEBRUARY 10, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 25, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | sentences for offenses against infant persons. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 9718 of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 9718. Sentences for offenses against infant persons. |
9 | (a) Mandatory sentence.-- | <-- |
10 | (1) A person convicted of the following offenses when |
11 | the victim is under [16] 13 years of age shall be sentenced |
12 | to a 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(a)(1), (2), (3), (4) and (5) (relating |
16 | to rape) - not less than ten years. |
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1 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
2 | intercourse) - not less than ten years. |
3 | 18 Pa.C.S. § 3125(a)(1) through (6) (relating to |
4 | aggravated indecent assault) - not less than five years. |
5 | (2) A person convicted of the following offenses when |
6 | the victim is less than 13 years of age shall be sentenced to |
7 | a mandatory term of imprisonment as follows: |
8 | 18 Pa.C.S. § 2502(c) (relating to murder) - not less than |
9 | ten years, only as to murder in the third degree. |
10 | 18 Pa.C.S. § 2503 (relating to voluntary manslaughter) - |
11 | not less than ten years. |
12 | 18 Pa.C.S. § 2506 (relating to drug delivery resulting in |
13 | death) - not less than five years. |
14 | 18 Pa.C.S. § 2702(a)(1) - not less than five years. |
15 | (3) A person convicted of the following offenses shall |
16 | be sentenced to a mandatory term of imprisonment as follows: |
17 | 18 Pa.C.S. § 3121(c) and (d) - not less than ten years. |
18 | 18 Pa.C.S. § 3125(a)(7) - not less than five years. |
19 | 18 Pa.C.S. § 3125(b) - not less than ten years. |
20 | (a) Mandatory sentence.-- | <-- |
21 | (1) A person convicted of the following offenses when |
22 | the victim is [under] less than 16 years of age shall be |
23 | sentenced to a mandatory term of imprisonment as follows: |
24 | 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated |
25 | assault) - not less than two years. |
26 | 18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating |
27 | to rape) - not less than ten years. |
28 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
29 | intercourse) - not less than ten years. |
30 | 18 Pa.C.S. § 3125(a)(1) through (6) (relating to |
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1 | aggravated indecent assault) - not less than five years. |
2 | (2) A person convicted of the following offenses when |
3 | the victim is less than 13 years of age shall be sentenced to |
4 | a mandatory term of imprisonment as follows: |
5 | 18 Pa.C.S. 2502(c) (relating to murder) - not less than |
6 | 13 years, only as to murder in the third degree. |
7 | 18 Pa.C.S. § 2702(a)(1) - not less than five years. |
8 | (3) A person convicted of the following offenses shall |
9 | be sentenced to a mandatory term of imprisonment as follows: |
10 | 18 Pa.C.S. § 3121(c) and (d) - not less than ten years. |
11 | 18 Pa.C.S. § 3125(a)(7) - not less than five years. |
12 | 18 Pa.C.S. § 3125(b) - not less than ten years. |
13 | (b) Eligibility for parole.--Parole shall not be granted |
14 | until the minimum term of imprisonment has been served. |
15 | (c) Proof at sentencing.--The provisions of this section |
16 | shall not be an element of the crime, and notice of the |
17 | provisions of this section to the defendant shall not be |
18 | required prior to conviction, but reasonable notice of the |
19 | Commonwealth's intention to proceed under this section shall be |
20 | provided after conviction and before sentencing. The |
21 | applicability of this section shall be determined at sentencing. |
22 | The court shall consider any evidence presented at trial and |
23 | shall afford the Commonwealth and the defendant an opportunity |
24 | to present any necessary additional evidence and shall |
25 | determine, by a preponderance of the evidence, if this section |
26 | is applicable. |
27 | (d) Authority of court in sentencing.--There shall be no |
28 | authority in any court to impose on an offender to which this |
29 | section is applicable any lesser sentence than provided for in |
30 | subsection (a) or to place the offender on probation or to |
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1 | suspend sentence. Nothing in this section shall prevent the |
2 | sentencing court from imposing a sentence greater than that |
3 | provided in this section. Sentencing guidelines promulgated by |
4 | the Pennsylvania Commission on Sentencing shall not supersede |
5 | the mandatory sentences provided in this section. |
6 | (e) Appeal by Commonwealth.--If a sentencing court refuses |
7 | to apply this section where applicable, the Commonwealth shall |
8 | have the right to appellate review of the action of the |
9 | sentencing court. The appellate court shall vacate the sentence |
10 | and remand the case to the sentencing court for imposition of a |
11 | sentence in accordance with this section if it finds that the |
12 | sentence was imposed in violation of this section. |
13 | Section 2. Section 2506(b) of Title 18 is repealed insofar |
14 | as it is inconsistent with this act. |
15 | Section 3. This act shall take effect in 60 days. |
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