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House of Representatives
Session of 2021 - 2022 Regular Session


Posted: January 5, 2021 01:19 PM
From: Representative Anthony M. DeLuca
To: All House members
Subject: Consecutive Sentences for Offenses Committed with Firearms
As legislators, and as a society, we need to take crime committed with the use of firearms seriously and ensure that sentences are fully served for these most dangerous of offenses.

It has come to my attention that due to District Attorney Plea bargaining practices, the legislative intent of Section 9712 of Title 42 (Judiciary and Judicial Procedure) has been severely compromised. Section 9712 regards the mandatory five-year sentencing upon conviction of crimes with a firearm. Such crimes, and those who commit them, present a clear and present danger to our safety.

Sometimes, if more than one sentence has been imposed by the court, a plea bargain may allow for these sentences are served at the same time, rather than back-to-back. We specifically need to require consecutive and not allow concurrent sentences for convictions. My proposal would require that the mandatory sentence be imposed consecutively to any other sentence imposed by the court.

Last session this was HB 726, and this bill has passed the House in both of the last two sessions. Please join me to ensure that persons convicted of these crimes serve the full time the law provides for.

Introduced as HB1019