PRINTER'S NO. 2533
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1852
Session of
2019
INTRODUCED BY STEPHENS, QUINN, BERNSTINE, ROTHMAN, MILLARD,
BURNS, READSHAW, MOUL AND DeLUCA, SEPTEMBER 19, 2019
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 19, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentences for second and subsequent offenses
and providing for consecutive sentences for crimes of
violence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9714(a) and (d) of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 9714. Sentences for second and subsequent offenses.
(a) Mandatory sentence.--
(1) Any person who is convicted in any court of this
Commonwealth of a crime of violence shall, if at the time of
the commission of the current offense the person had
previously been convicted of a crime of violence, be
sentenced to a minimum sentence of at least ten years of
total confinement that shall, if applicable, be served
consecutively to any other sentence for a crime of violence
in accordance with section 9714.1 (relating to consecutive
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sentences for crimes of violence), notwithstanding any other
provision of this title or other statute to the contrary.
Upon a second conviction for a crime of violence, the court
shall give the person oral and written notice of the
penalties under this section for a third conviction for a
crime of violence. Failure to provide such notice shall not
render the offender ineligible to be sentenced under
paragraph (2).
(2) Where the person had at the time of the commission
of the current offense previously been convicted of two or
more such crimes of violence arising from separate criminal
transactions, the person shall be sentenced to a minimum
sentence of at least 25 years of total confinement that
shall, if applicable, be served consecutively to any other
sentence for a crime of violence in accordance with section
9714.1, notwithstanding any other provision of this title or
other statute to the contrary. Proof that the offender
received notice of or otherwise knew or should have known of
the penalties under this paragraph shall not be required.
Upon conviction for a third or subsequent crime of violence
the court may, if it determines that 25 years of total
confinement is insufficient to protect the public safety,
sentence the offender to life imprisonment without parole.
* * *
(d) 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
under this section shall be provided after conviction and before
sentencing. The applicability of this section shall be
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determined at sentencing. The sentencing court, prior to
imposing sentence on an offender under subsection (a), shall
have a complete record of the previous convictions of the
offender, copies of which shall be furnished to the offender. If
the offender or the attorney for the Commonwealth contests the
accuracy of the record, the court shall schedule a hearing and
direct the offender and the attorney for the Commonwealth to
submit evidence regarding the previous convictions of the
offender. The court shall then determine, by a preponderance of
the evidence, the previous convictions of the offender and, if
this section is applicable, shall impose sentence in accordance
with this [section] chapter. Should a previous conviction be
vacated and an acquittal or final discharge entered subsequent
to imposition of sentence under this section, the offender shall
have the right to petition the sentencing court for
reconsideration of sentence if this section would not have been
applicable except for the conviction which was vacated.
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 9714.1. Consecutive sentences for crimes of violence.
(a) Consecutive sentence.--The court shall order that any
sentence imposed for a crime of violence as defined in section
9714(g) (relating to sentences for second and subsequent
offenses) be served consecutively to any other sentence for a
crime of violence that involves a different victim, regardless
of whether the crimes arose from the same criminal transaction.
(b) 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:
"Victim." An individual against whom a crime of violence has
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been committed or attempted and who as a direct result of the
criminal act or attempt suffers physical or mental injury, death
or the loss of earnings.
Section 3. This act shall take effect in 60 days.
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