PRINTER'S NO. 2532

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1851

Session of

2019

INTRODUCED BY STEPHENS, QUINN, BERNSTINE, ROTHMAN, MILLARD,

BURNS, READSHAW, MOUL, SCHWEYER AND DeLUCA,

SEPTEMBER 19, 2019

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9712(a), (b) and (d) of Title 42 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a subsection to read:

§ 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

reasonable fear of death or serious bodily injury, during the

commission of the offense, be sentenced to a minimum sentence of

at least five 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.

[(b) Proof at sentencing.--Provisions of this section shall

not be an element of the crime and notice thereof to the

defendant shall not be required prior to conviction, but

reasonable notice of the Commonwealth's intention to proceed

evidence, if this section is applicable.]

(b.1) Application of mandatory minimum penalty.--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 finder of fact for deliberation

together with the underlying offense. If the finder of fact

finds the defendant guilty of the underlying offense, the finder

of fact shall then also decide whether any enhancing element has

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the

finder of fact has found 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

(g) Definition.--As used in this section, the term "crime of

violence" means murder of the third degree, voluntary

manslaughter, manslaughter of a law enforcement officer as

defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal

homicide of law enforcement officer), murder of the third degree

involving an unborn child as defined in 18 Pa.C.S. § 2604(c)

(relating to murder of unborn child), aggravated assault of an

unborn child as defined in 18 Pa.C.S. § 2606 (relating to

aggravated assault of unborn child), aggravated assault as

defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to

destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)

(relating to terrorism), trafficking of persons when the offense

is graded as a felony of the first degree as provided in 18

Pa.C.S. § 3002 (relating to trafficking of persons), rape,

involuntary deviate sexual intercourse, aggravated indecent

assault, incest, sexual assault, arson endangering persons or

aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1)

(relating to arson and related offenses), ecoterrorism as

classified in 18 Pa.C.S. § 3311(b)(3) (relating to

ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §

(relating to persons not to possess, use, manufacture, control,

sell or transfer firearms) by a person convicted of a felony

enumerated under 18 Pa.C.S. § 6105(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

punishable by a term of imprisonment exceeding two years, or

criminal attempt, criminal conspiracy or criminal solicitation

to commit murder or any of the offenses listed above, or an

equivalent crime under the laws of this Commonwealth in effect