PRIOR PRINTER'S NO. 2108
PRINTER'S NO. 3459
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1496
Session of
2015
INTRODUCED BY STEPHENS, SCHWEYER, SACCONE, DRISCOLL, MILLARD,
McNEILL, COHEN, MARSICO, TAYLOR, MURT, DeLUCA, BARRAR,
D. COSTA AND MILNE, AUGUST 13, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 7, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for persons not to possess, use,
manufacture, control, sell or transfer firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6105(a.1)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended AND THE SUBSECTION
IS AMENDED BY ADDING A PARAGRAPH to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(a.1) Penalty.--
(1) [A] EXCEPT AS PROVIDED UNDER PARAGRAPH (1.1), A
person convicted of a felony enumerated under subsection (b)
or a felony under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, or any equivalent Federal statute or equivalent statute
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of any other state, who violates subsection (a) commits a
felony of the [second] first degree.
(1.1) THE FOLLOWING SHALL APPLY:
(I) A PERSON CONVICTED OF A FELONY ENUMERATED UNDER
SUBSECTION (B) OR A FELONY UNDER THE ACT OF APRIL 14,
1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
DRUG, DEVICE AND COSMETIC ACT, OR ANY EQUIVALENT FEDERAL
STATUTE OR EQUIVALENT STATUTE OF ANY OTHER STATE, WHO
VIOLATES SUBSECTION (A) COMMITS A FELONY OF THE FIRST
DEGREE IF:
(A) AT THE TIME OF THE COMMISSION OF A VIOLATION
OF SUBSECTION (A) THE PERSON HAS PREVIOUSLY BEEN
CONVICTED OF AN OFFENSE UNDER SUBSECTION (A); OR
(B) THE VIOLATION OF SUBSECTION (A) OCCURRED
WHILE THE FIREARM WAS PHYSICALLY ON OR ABOUT THE
PERSON OR WAS WITHIN THE PERSON'S IMMEDIATE CONTROL.
(II) THE PENNSYLVANIA COMMISSION ON SENTENCING,
UNDER 42 PA.C.S. § 2154 (RELATING TO ADOPTION
OF GUIDELINES FOR SENTENCING), SHALL PROVIDE FOR
A SENTENCING ENHANCEMENT FOR A SENTENCE IMPOSED PURSUANT
TO THIS PARAGRAPH.
* * *
Section 2. This act shall take effect in 60 days.
20150HB1496PN3459 - 2 -
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