PRINTER'S NO. 2157
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1641
Session of
2019
INTRODUCED BY ROAE, RYAN AND ROTHMAN, JUNE 17, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 17, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for sentences for certain offenses involving theft from
government or government-funded entities.
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:
§ 9720.9. Sentences for certain offenses involving theft from
government or government-funded entities.
(a) Mandatory sentence.--A person who is convicted of an
offense involving theft from a government or government-funded
entity shall be sentenced to a minimum sentence of:
(1) at least one day of total confinement for each
$1,000 of cash or property unlawfully taken, received,
retained or disposed of from the government; or
(2) at least one day of total confinement for each
$1,000 of cash or property unlawfully taken, received,
retained or disposed of from the government-funded entity, if
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the offense occurred during a calendar year in which the
government-funded entity received funds or in-kind services
from a government. The dollar amount of cash or property
calculated under this paragraph shall be limited to the
dollar amount of funds or in-kind services received from the
government during the calendar year.
(b) Proof at sentencing.--Any provision of this section that
requires imposition of a mandatory minimum sentence shall
constitute an element enhancing the underlying offense. Any
enhancing element must be proven beyond a reasonable doubt at
trial on the underlying offense and must be submitted to the
fact-finder for deliberation together with the underlying
offense. If the fact-finder finds the defendant guilty of the
underlying offense, the fact-finder shall then also decide
whether any enhancing element has been proven.
(c) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) or to place such offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(d) Appeal by Commonwealth.--If the fact-finder finds any
enhancing element and a sentencing court imposes a sentence
below the mandatory minimum sentence, the Commonwealth shall
have the right to appellate review of the sentence. If the
appellate court finds that the mandatory sentencing provision
was applicable, the court shall vacate the sentence and remand
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for resentencing in accordance with that provision.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Government." As defined in 18 Pa.C.S. § 3901 (relating to
definitions).
"Government-funded entity." An entity that receives payment
of funds or in-kind services from a government.
"Offense involving theft from government or government-funded
entity." An offense under 18 Pa.C.S. Ch. 39 (relating to theft
and related offenses) committed against a government or
government-funded entity.
Section 2. This act shall take effect in 60 days.
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