PRINTER'S NO. 482
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
518
Session of
2021
INTRODUCED BY DeLUCA AND GILLEN, FEBRUARY 11, 2021
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2021
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in sentencing, further providing for sentences for
second and subsequent offenses; and, in Pennsylvania Board of
Probation and Parole, further providing for parole power.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9714(g) of Title 42 of the Pennsylvania
Consolidated Statutes, amended June 5, 2020 (P.L.246, No.32), is
amended and the section is amended by adding a subsection to
read:
§ 9714. Sentences for second and subsequent offenses.
* * *
(a.2) Parole.--Any person sentenced under subsection (a)
shall not be eligible for parole until the person has served 85%
of the maximum sentence as provided under subsection (a.1).
* * *
(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
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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
aggravated assault), assault of law enforcement officer as
defined in 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer), use of weapons of mass destruction as
defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
(relating to terrorism), strangulation when the offense is
graded as a felony as defined in 18 Pa.C.S. § 2718 (relating to
strangulation), trafficking of persons when the offense is
graded as a felony of the first degree as provided in 18 Pa.C.S.
§ 3011 (relating to trafficking in individuals), 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. §
3502(a)(1) (relating to burglary), robbery as defined in 18
Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
robbery of a motor vehicle, drug delivery resulting in death as
defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
resulting in death), 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
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Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.] 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:
"Crime of violence." An offense under any of the following:
(1) 18 Pa.C.S. § 901 (relating to criminal attempt),
involving an attempt to commit an offense under 18 Pa.C.S. §
2502(a) or (b) (relating to murder), 2507(a) or (b) (relating
to criminal homicide of law enforcement officer) or any of
the offenses under paragraph (4), (5), (6), (7), (8), (9),
(10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
(20), (21) or (22).
(2) 18 Pa.C.S. § 902 (relating to criminal
solicitation), involving solicitation to commit an offense
under 18 Pa.C.S. § 2502(a) or (b), 2507(a) or (b) or any of
the offenses under paragraph (4), (5), (6), (7), (8), (9),
(10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
(20), (21) or (22).
(3) 18 Pa.C.S. § 903 (relating to criminal conspiracy),
involving conspiracy to commit an offense under 18 Pa.C.S. §
2502(a) or (b), 2507(a) or (b) or any of the offenses under
paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12),
(13), (14), (15), (16), (17), (18), (19), (20), (21) or (22).
(4) 18 Pa.C.S. § 2502(c).
(5) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(6) 18 Pa.C.S. § 2506 (relating to drug delivery
resulting in death).
(7) 18 Pa.C.S. § 2507(c) or (d).
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(8) 18 Pa.C.S. § 2701(a)(3) or (4) (relating to simple
assault).
(9) 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault).
(10) 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer).
(11) 18 Pa.C.S. § 2901 (relating to kidnapping).
(12) 18 Pa.C.S. § 3121 (relating to rape).
(13) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
(14) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(15) 18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(16) 18 Pa.C.S. § 3301(a) (relating to arson and related
offenses).
(17) 18 Pa.C.S. § 3502 (relating to burglary), if at the
time of the offense the structure entered was adapted for
overnight accommodation.
(18) 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating
to robbery).
(19) 18 Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(20) 18 Pa.C.S. § 4302 (relating to incest).
(21) 18 Pa.C.S. § 4952 (relating to intimidation of
witnesses or victims), involving a witness to or a victim of
a violation of 18 Pa.C.S. § 2502 or 2507 or any of the
offenses under paragraph (1), (2), (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), (13), (14), (15), (16), (17),
(18), (19), (20), (22), (23) or (24) or a violation of
section 13(a)(30) of the act of April 14, 1972 (P.L.233,
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No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(22) 18 Pa.C.S. § 4953 (relating to retaliation against
witness, victim or party), involving a witness to, victim of
or party to a proceeding alleging a violation of 18 Pa.C.S. §
2502 or 2507 or any of the offenses under paragraph (1), (2),
(3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
(14), (15), (16), (17), (18), (19), (20), (21), (23) or (24)
or a violation of section 13(a)(30) of The Controlled
Substance, Drug, Device and Cosmetic Act.
(23) A crime equivalent to one listed under paragraph
(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), (16), (17), (18), (19), (20), (21) or
(22) under the laws of this Commonwealth in effect at the
time of the commission of the offense.
(24) A crime equivalent to one listed under paragraph
(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), (16), (17), (18), (19), (20), (21) or
(22) under Federal law or in a jurisdiction outside this
Commonwealth.
Section 2. Section 6137(a)(3.1)(ii) and (k) of Title 61 is
amended and subsection (a) is amended by adding a paragraph to
read:
§ 6137. Parole power.
(a) General criteria for parole.--
* * *
(1.1) The board may not release on parole any inmate
serving a sentence imposed under 42 Pa.C.S. § 9714(a)
(relating to sentences for second and subsequent offenses)
until the inmate has served at least 85% of the maximum
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sentence as provided under 42 Pa.C.S. § 9714(a.1).
* * *
(3.1) * * *
(ii) This paragraph shall not apply to offenders who
are currently serving a term of imprisonment for a crime
of violence as defined in 42 Pa.C.S. § 9714 [(relating to
sentences for second and subsequent offenses)] or for a
crime requiring registration under 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders).
* * *
(k) Definitions.--The following words and phrases shall have
the meanings given to them in this subsection unless the context
clearly indicates otherwise:
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
[(relating to sentences for second and subsequent offenses)].
"Eligible offender." As defined in section 4503 (relating to
definitions).
Section 3. This act shall take effect in 60 days.
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