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PRINTER'S NO. 1876
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1298
Session of
2015
INTRODUCED BY WOZNIAK AND HAYWOOD, JUNE 6, 2016
REFERRED TO JUDICIARY, JUNE 6, 2016
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in trial, providing for
trial for certain criminal offenses involving firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 9304. Trial for certain criminal offenses involving firearms.
(a) General rule.--Whenever a person is charged with any
criminal offense who visibly possessed a firearm or a replica of
a firearm during the commission of the offense that would
subject the person to sentencing under section 9712 (relating to
sentences for offenses committed with firearms), the Attorney
General or the district attorney prosecuting the offense may not
enter any plea agreement or any other agreement with the person
charged that would exempt the person from the sentencing
mandated under section 9712.
(b) Trial by jury.--A person charged with a criminal offense
described under subsection (a) or the Attorney General or
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district attorney authorized to prosecute the criminal offense
may not stipulate or authorize any trial for the criminal
prosecution other than trial by jury.
Section 2. This act shall take effect in 60 days.
20160SB1298PN1876 - 2 -
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