PRINTER'S NO. 3884
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2566
Session of
2020
INTRODUCED BY WHITE, ROTHMAN, MURT, BARRAR, PICKETT, MILLARD,
NELSON, THOMAS, KEEFER, BERNSTINE AND SCHMITT, JUNE 8, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 8, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for sentences for offenses committed with illegal 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 9712.2. Sentences for offenses committed with illegal
firearms.
(a) Mandatory sentence.--Except as provided under section
9716 (relating to two or more mandatory minimum sentences
applicable), a person who is convicted in a court of this
Commonwealth of an offense shall, if the person possessed an
illegal firearm during the commission of the offense, whether or
not the illegal firearm was loaded or functional, be sentenced
to a minimum sentence of at least 10 years of total confinement
notwithstanding any other provision of this title or other
statute to the contrary. The person shall not be eligible for
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parole, probation, work release or furlough.
(b) 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. An 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 an enhancing element has been proven.
(c) Authority of court in sentencing.--There shall be no
authority in a court to impose on an offender to which this
section is applicable a lesser sentence than provided for in
subsection (a) or to place the 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 has found an
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
the case 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:
"Illegal firearm." A firearm, as that term is defined in
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section 9712 (relating to sentences for offenses committed with
firearms), the ownership or possession of which is prohibited
under Federal or State law.
Section 2. This act shall take effect in 60 days.
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