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PRINTER'S NO. 1747
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1590
Session of
2021
INTRODUCED BY STEPHENS, BROOKS, DeLUCA AND GILLEN, JUNE 9, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 9, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentencing generally.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9721(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
§ 9721. Sentencing generally.
* * *
(b) General standards.--In selecting from the alternatives
set forth in subsection (a), the court shall follow the general
principle that the sentence imposed should call for total
confinement that is consistent with section 9725 (relating to
total confinement) and the protection of the public, the gravity
of the offense as it relates to the impact on the life of the
victim and on the community, and the rehabilitative needs of the
defendant. The court shall also consider any guidelines for
sentencing and resentencing adopted by the Pennsylvania
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Commission on Sentencing and taking effect under section 2155
(relating to publication of guidelines for sentencing,
resentencing and parole, risk assessment instrument and
recommitment ranges following revocation). In every case in
which the court imposes a sentence for a felony or misdemeanor,
modifies a sentence, resentences a person following revocation
of probation or resentences following remand, the court shall
make as a part of the record, and disclose in open court at the
time of sentencing, a statement of the reason or reasons for the
sentence imposed. [In every case where the court imposes a
sentence or resentence outside the guidelines adopted by the
Pennsylvania Commission on Sentencing under sections 2154
(relating to adoption of guidelines for sentencing), 2154.1
(relating to adoption of guidelines for restrictive conditions),
2154.3 (relating to adoption of guidelines for fines), 2154.4
(relating to adoption of guidelines for resentencing) and 2154.5
(relating to adoption of guidelines for parole) and made
effective under section 2155, the court shall provide a
contemporaneous written statement of the reason or reasons for
the deviation from the guidelines to the commission, as
established under section 2153(a)(14) (relating to powers and
duties). Failure to comply shall be grounds for vacating the
sentence or resentence and resentencing the defendant.]
(b.1) Presumptive guidelines.--Subject to subsection (b.2),
the court shall impose a sentence of no less than the shortest
sentence within the standard range of the applicable guidelines
for sentencing adopted by the Pennsylvania Commission on
Sentencing and taking effect under section 2155, or five years,
whichever is less, for a conviction of any of the following
offenses, or attempt, solicitation or conspiracy to commit any
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of the following offenses:
(1) Crime of violence as defined in section 9714(g)
(relating to sentences for second and subsequent offenses),
when a firearm was possessed during the commission of the
offense.
(2) 18 Pa.C.S. § 6105(a)(1) (relating to persons not to
possess, use, manufacture, control, sell or transfer
firearms), if the person has been previously convicted of an
offense enumerated under 18 Pa.C.S. § 6105(b).
(3) Section 13(a)(30) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, when a firearm was possessed during
the commission of the offense.
(b.2) Departure from presumptive guidelines.--
(1) The court may impose a sentence of less than the
shortest sentence permitted under subsection (b.1) if the
court provides on the record a substantial and compelling
reason that an injustice would occur by applying the required
sentence.
( 2) Notwithstanding paragraph (1), the court may not
impose a sentence of less than the shortest sentence within
the mitigated range of the applicable guidelines for
sentencing adopted by the Pennsylvania Commission on
Sentencing in the 7th Edition of the Sentencing Guidelines,
as amended until the effective date of this subsection, and
taking effect under section 2155, or four years, whichever is
lower, if any of the following apply:
(i) The defendant previously was convicted of an
offense punishable by a term of imprisonment exceeding
two years.
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(ii) The offense resulted in death or serious bodily
injury.
(iii) The defendant used violence or credible
threats of violence, or induced another person to do so,
during the commission of the offense.
(iv) The defendant possessed a deadly weapon, as
defined in 18 Pa.C.S. § 2301 (relating to definitions),
or induced another person to do so, during the commission
of the offense.
(b.3) Written statement.--In every case where the court
imposes a sentence or resentence outside the guidelines adopted
by the Pennsylvania Commission on Sentencing under sections 2154
(relating to adoption of guidelines for sentencing), 2154.1
(relating to adoption of guidelines for restrictive conditions),
2154.3 (relating to adoption of guidelines for fines), 2154.4
(relating to adoption of guidelines for resentencing) and 2154.5
(relating to adoption of guidelines for parole) and made
effective under section 2155, the court shall provide a
contemporaneous written statement of the reason or reasons for
the deviation from the guidelines to the commission, as
established under section 2153(a)(14) (relating to powers and
duties of commission). Failure to comply shall be grounds for
vacating the sentence or resentence and resentencing the
defendant.
* * *
Section 2. This act shall take effect in 60 days.
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