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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY REICHLEY, BAKER, BOBACK, BOYD, CLYMER, D. COSTA, EVERETT, FLECK, GEIST, GINGRICH, HARHART, HEFFLEY, HORNAMAN, KNOWLES, LONGIETTI, MANN, READSHAW, SABATINA, SWANGER AND VULAKOVICH, MARCH 17, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 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, providing for sentencing |
3 | for offenses committed in association with a criminal street |
4 | gang. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 42 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 9720.3. Sentencing for offenses committed in association with |
10 | a criminal street gang. |
11 | (a) Sentencing enhancement.--The Pennsylvania Commission on |
12 | Sentencing shall provide for a sentence enhancement for crimes |
13 | of violence if the offense was knowingly committed at the |
14 | direction of or for the purpose of benefiting, promoting or |
15 | furthering the interests of a criminal street gang. |
16 | (b) Proof at sentencing.--The provisions of this section |
17 | shall not be an element of the crime and notice of the |
18 | provisions of this section to the defendant shall not be |
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1 | required prior to conviction, but reasonable notice of the |
2 | Commonwealth's intention to proceed under this section shall be |
3 | provided after conviction and before sentencing. |
4 | (c) Applicability.--The applicability of this section shall |
5 | be determined at sentencing. The court shall consider any |
6 | evidence presented at trial and shall afford the Commonwealth |
7 | and the defendant an opportunity to present any necessary |
8 | additional evidence and shall determine, by a preponderance of |
9 | the evidence, if this section is applicable. |
10 | (d) Definitions.--As used in this section, the following |
11 | words and phrases shall have the meanings given to them in this |
12 | subsection unless the context clearly indicates otherwise: |
13 | "Criminal street gang." A formal or informal confederation, |
14 | alliance, network, conspiracy, understanding or similar |
15 | conjoining of persons who operate individually or collectively |
16 | as a group or subgroup, with or without an established |
17 | hierarchy, that, through its membership obtained by pledge, |
18 | oath, swearing, ritual, distinct membership markings, symbolism, |
19 | common identifiers or other criteria that law enforcement |
20 | personnel use to identify the groups or subgroups, engages in |
21 | criminal activity. |
22 | "Crimes of violence." An offense under any of the following: |
23 | (1) 18 Pa.C.S. § 901 (relating to criminal attempt), |
24 | involving an attempt to commit murder or any of the offenses |
25 | under paragraph (3), (4), (5), (6), (7), (8), (9), (10), |
26 | (11), (12), (13), (14), (15), (16) or (17). |
27 | (2) 18 Pa.C.S. § 902 (relating to criminal |
28 | solicitation), involving solicitation to commit murder or any |
29 | of the offenses under paragraph (3), (4), (5), (6), (7), (8), |
30 | (9), (10), (11), (12), (13), (14), (15), (16) or (17). |
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1 | (3) 18 Pa.C.S. § 903 (relating to criminal conspiracy), |
2 | involving conspiracy to commit murder or any of the offenses |
3 | under paragraph (3), (4), (5), (6), (7), (8), (9), (10), |
4 | (11), (12), (13), (14), (15), (16) or (17). |
5 | (4) 18 Pa.C.S. § 2502(c) (relating to murder). |
6 | (5) 18 Pa.C.S. § 2503 (relating to voluntary |
7 | manslaughter). |
8 | (6) 18 Pa.C.S. § 2506 (relating to drug delivery |
9 | resulting in death). |
10 | (7) 18 Pa.C.S. § 2507(c) or (d) (relating to criminal |
11 | homicide of law enforcement officer). |
12 | (8) 18 Pa.C.S. § 2701(a)(3) (relating to simple |
13 | assault). |
14 | (9) 18 Pa.C.S. § 2702(a)(1) or (2) (relating to |
15 | aggravated assault). |
16 | (10) 18 Pa.C.S. § 2702.1 (relating to assault of law |
17 | enforcement officer). |
18 | (11) 18 Pa.C.S. § 2901 (relating to kidnapping). |
19 | (12) 18 Pa.C.S. § 3121 (relating to rape). |
20 | (13) 18 Pa.C.S. § 3123 (relating to involuntary deviate |
21 | sexual intercourse). |
22 | (14) 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
23 | (15) 18 Pa.C.S. § 3125 (relating to aggravated indecent |
24 | assault). |
25 | (16) 18 Pa.C.S. § 3301(a) (relating to arson and related |
26 | offenses). |
27 | (17) 18 Pa.C.S. § 3502 (relating to burglary), if at the |
28 | time of the offense the structure entered was adapted for |
29 | overnight accommodation. |
30 | (18) 18 Pa.C.S. § 3701 (relating to robbery). |
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1 | (19) 18 Pa.C.S. § 3702 (relating to robbery of motor |
2 | vehicle). |
3 | (20) A crime equivalent to one listed under paragraph |
4 | (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), |
5 | (12), (13), (14), (15), (16), (17) or (18) under the laws of |
6 | this Commonwealth in effect at the time of the commission of |
7 | the offense. |
8 | (21) A crime equivalent to one listed under paragraph |
9 | (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), |
10 | (12), (13), (14), (15), (16), (17), (18) or (19) under |
11 | Federal law or in a jurisdiction outside this Commonwealth. |
12 | Section 2. This act shall take effect in 60 days. |
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