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PRINTER'S NO. 762
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
726
Session of
2019
INTRODUCED BY DeLUCA, BERNSTINE, ISAACSON, STEPHENS, IRVIN,
READSHAW, BARRAR, FARRY AND KORTZ, MARCH 6, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentences for offenses committed with firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9712(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 9712. Sentences for offenses committed with firearms.
(a) Mandatory sentence.--Except as provided under section
9716 (relating to two or more mandatory minimum sentences
applicable), any person who is convicted in any court of this
Commonwealth of a crime of violence as defined in section
9714(g) (relating to sentences for second and subsequent
offenses), shall, if the person visibly possessed a firearm or a
replica of a firearm, whether or not the firearm or replica was
loaded or functional, that placed the victim in reasonable fear
of death or serious bodily injury, during the commission of the
offense, be sentenced to a minimum sentence of at least five
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years of total confinement notwithstanding any other provision
of this title or other statute to the contrary. Such persons
shall not be eligible for parole, probation, work release or
furlough. The mandatory sentence imposed under this subsection
shall be imposed consecutively to any other sentence imposed by
the court.
* * *
Section 2. This act shall take effect in 60 days.
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