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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY K. BOYLE, BARRAR, B. BOYLE, CALTAGIRONE, D. COSTA, DeLUCA, GOODMAN, HARHAI, MAHONEY, MANN, MULLERY, MURT, D. O'BRIEN, PAYNE, READSHAW, SWANGER, FARRY, JOHNSON, SANTARSIERO AND VEREB, FEBRUARY 17, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for police animals. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 5511.2 of Title 18 of the Pennsylvania |
6 | Consolidated Statutes is amended by adding a subsection to read: |
7 | § 5511.2. Police animals. |
8 | * * * |
9 | (c.1) Minimum sentencing.--Any person convicted of a |
10 | violation of subsection (a) or (b) where the police animal is |
11 | killed shall be sentenced to a minimum of five years of total |
12 | confinement, notwithstanding any other provision of this title |
13 | or any other statute to the contrary. Nothing in this subsection |
14 | shall prevent the sentencing court from imposing a sentence |
15 | greater than that provided in this subsection, up to the maximum |
16 | penalty prescribed by this title for a felony of the third |
17 | degree. There shall be no authority in any court to impose on an |
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1 | offender to which this subsection is applicable any lesser |
2 | sentence than provided for in this subsection or to place such |
3 | offender on probation or to suspend sentence. Sentencing |
4 | guidelines promulgated by the Pennsylvania Commission on |
5 | Sentencing shall not supersede the mandatory sentences provided |
6 | in this subsection. If a sentencing court refuses to apply this |
7 | subsection where applicable, the Commonwealth shall have the |
8 | right to appellate review of the action of the sentencing court. |
9 | The appellate court shall vacate the sentence and remand the |
10 | case to the sentencing court for the imposition of a sentence in |
11 | accordance with this subsection if the appellate court finds |
12 | that the sentence was imposed in violation of this subsection. |
13 | * * * |
14 | Section 2. This act shall take effect in 60 days. |
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