| PRINTER'S NO. 240 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 236 | Session of 2013 |
INTRODUCED BY DELUCA, STEPHENS, C. HARRIS, NEILSON, MILLARD, SIMMONS, D. COSTA, GOODMAN, KORTZ, GIBBONS, MILNE, CALTAGIRONE, MATZIE AND MURT, JANUARY 22, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 22, 2013
AN ACT
1Amending Titles 42 (Judiciary and Judicial Procedure) and 61
2(Prisons and Parole) of the Pennsylvania Consolidated
3Statutes, further providing for sentences for second and
4subsequent offenses and for general criteria for parole.
5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:
7Section 1. Section 9714(g) of Title 42 of the Pennsylvania
8Consolidated Statutes, amended October 25, 2012 (P.L. ,
9No.204), is amended and the section is amended by adding a
10subsection to read:
11§ 9714. Sentences for second and subsequent offenses.
12* * *
13(a.2) Parole.--Any person sentenced under subsection (a)
14shall not be eligible for parole until he has served 85% of the
15maximum sentence as provided under subsection (a.1).
16* * *
17(g) Definition.--[As used in this section, the term "crime
18of violence" means murder of the third degree, voluntary
1manslaughter, manslaughter of a law enforcement officer as
2defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
3homicide of law enforcement officer), murder of the third degree
4involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
5(relating to murder of unborn child), aggravated assault of an
6unborn child as defined in 18 Pa.C.S. § 2606 (relating to
7aggravated assault of unborn child), aggravated assault as
8defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
9aggravated assault), assault of law enforcement officer as
10defined in 18 Pa.C.S. § 2702.1 (relating to assault of law
11enforcement officer), use of weapons of mass destruction as
12defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
13destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
14(relating to terrorism), trafficking of persons when the offense
15is graded as a felony of the first degree as provided in 18
16Pa.C.S. § 3002 (relating to trafficking of persons), rape,
17involuntary deviate sexual intercourse, aggravated indecent
18assault, incest, sexual assault, arson as defined in 18 Pa.C.S.
19§ 3301(a) (relating to arson and related offenses), ecoterrorism
20as classified in 18 Pa.C.S. § 3311(b)(3) (relating to
21ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §
223502(a)(1) (relating to burglary), robbery as defined in 18
23Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
24robbery of a motor vehicle, drug delivery resulting in death as
25defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
26resulting in death), or criminal attempt, criminal conspiracy or
27criminal solicitation to commit murder or any of the offenses
28listed above, or an equivalent crime under the laws of this
29Commonwealth in effect at the time of the commission of that
30offense or an equivalent crime in another jurisdiction.] As used
1in this section, the following words and phrases shall have the
2meanings given to them in this subsection unless the context
3clearly indicates otherwise:
4"Crimes of violence." An offense under any of the following:
5(1) 18 Pa.C.S. § 901 (relating to criminal attempt),
6involving an attempt to commit an offense under 18 Pa.C.S. §
72502(a) or (b) (relating to murder), 2507(a) or (b) (relating
8to criminal homicide of law enforcement officer) or any of
9the offenses under paragraph (4), (5), (6), (7), (8), (9),
10(10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
11(19.1), (19.2) or (19.3).
12(2) 18 Pa.C.S. § 902 (relating to criminal
13solicitation), involving solicitation to commit an offense
14under 18 Pa.C.S. § 2502(a) or (b), 2507(a) or (b) or any of
15the offenses under paragraph (4), (5), (6), (7), (8), (9),
16(10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
17(19.1), (19.2) or (19.3).
18(3) 18 Pa.C.S. § 903 (relating to criminal conspiracy),
19involving conspiracy to commit an offense under 18 Pa.C.S. §
202502(a) or (b), 2507(a) or (b) or any of the offenses under
21paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12),
22(13), (14), (15), (16), (17), (18), (19), (19.1), (19.2) or
23(19.3).
24(4) 18 Pa.C.S. § 2502(c).
25(5) 18 Pa.C.S. § 2503 (relating to voluntary
26manslaughter).
27(6) 18 Pa.C.S. § 2506 (relating to drug delivery
28resulting in death).
29(7) 18 Pa.C.S. § 2507(c) or (d).
30(8) 18 Pa.C.S. § 2701(a)(3) or (4) (relating to simple
1assault).
2(9) 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
3aggravated assault).
4(10) 18 Pa.C.S. § 2702.1 (relating to assault of law
5enforcement officer).
6(11) 18 Pa.C.S. § 2901 (relating to kidnapping).
7(12) 18 Pa.C.S. § 3121 (relating to rape).
8(13) 18 Pa.C.S. § 3123 (relating to involuntary deviate
9sexual intercourse).
10(14) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
11(15) 18 Pa.C.S. § 3125 (relating to aggravated indecent
12assault).
13(16) 18 Pa.C.S. § 3301(a) (relating to arson and related
14offenses).
15(17) 18 Pa.C.S. § 3502 (relating to burglary), if at the
16time of the offense the structure entered was adapted for
17overnight accommodation.
18(18) 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating
19to robbery).
20(19) 18 Pa.C.S. § 3702 (relating to robbery of motor
21vehicle).
22(19.1) 18 Pa.C.S. § 4302 (relating to incest).
23(19.2) 18 Pa.C.S. § 4952 (relating to intimidation of
24witnesses or victims), involving a witness to or a victim of
25a violation of 18 Pa.C.S. § 2502 or 2507 or any of the
26offenses under paragraph (1), (2), (3), (4), (5), (6), (7),
27(8), (9), (10), (11), (12), (13), (14), (15), (16), (17),
28(18), (19), (19.1), (19.3), (20) or (21) or a violation of
29section 13(a)(30) of the act of April 14, 1972 (P.L.233,
30No.64), known as The Controlled Substance, Drug, Device and
1Cosmetic Act.
2(19.3) 18 Pa.C.S. § 4953 (relating to retaliation
3against witness, victim or party), involving a witness to,
4victim of or party to a proceeding alleging a violation of 18
5Pa.C.S. § 2502 or 2507 or any of the offenses under paragraph
6(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
7(12), (13), (14), (15), (16), (17), (18), (19), (19.1),
8(19.2), (20) or (21) or a violation of section 13(a)(30) of
9The Controlled Substance, Drug, Device and Cosmetic Act.
10(20) A crime equivalent to one listed under paragraph
11(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
12(12), (13), (14), (15), (16), (17), (18), (19), (19.1),
13(19.2) or (19.3) under the laws of this Commonwealth in
14effect at the time of the commission of the offense.
15(21) A crime equivalent to one listed under paragraph
16(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
17(12), (13), (14), (15), (16), (17), (18), (19), (19.1),
18(19.2) or (19.3) under Federal law or in a jurisdiction
19outside this Commonwealth.
20Section 2. Section 6137(a) of Title 61 is amended by adding
21a paragraph to read:
22§ 6137. Parole power.
23(a) General criteria for parole.--
24* * *
25(1.1) The board may not release on parole any inmate
26serving a sentence imposed under 42 Pa.C.S. § 9714(a)
27(relating to sentences for second and subsequent offenses)
28until he has served at least 85% of the maximum sentence as
29provided under 42 Pa.C.S. § 9714(a.1).
30* * *
1Section 3. This act shall take effect in 60 days.