H0741B0807A00628 DMS:EJH 03/31/17 #90 A00628
AMENDMENTS TO HOUSE BILL NO. 741
Sponsor: REPRESENTATIVE PETRARCA
Printer's No. 807
Amend Bill, page 1, line 18, by inserting after "amended"
and the sections are amended by adding subsections
Amend Bill, page 3, by inserting between lines 11 and 12
(c.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(c.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 5, by inserting between lines 28 and 29
(b.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(b.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
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remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 17, by inserting between lines 6 and 7
(b.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(b.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 17, line 24, by inserting after "amended"
and the sections are amended by adding subsections
Amend Bill, page 18, by inserting between lines 16 and 17
(b.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(b.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
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defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 19, by inserting between lines 25 and 26
(c.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(c.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 21, by inserting between lines 4 and 5
(c.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(c.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
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such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 22, by inserting between lines 2 and 3
(c.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(c.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 22, line 11, by inserting after "amended"
and the sections are amended by adding subsections
Amend Bill, page 23, by inserting between lines 3 and 4
(c.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(c.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
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may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 27, by inserting between lines 14 and 15
(b.2) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(b.3) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
Amend Bill, page 29, by inserting between lines 1 and 2
(b.1) Notice not required.--Notice to the defendant that a
mandatory minimum penalty applies shall not be required.
(b.2) Enhancing elements.--
(1) Whenever the Commonwealth becomes aware of the
existence of facts within its possession or control,
including, but not limited to, facts within the possession or
control of law enforcement agencies, that constitute
enhancing elements required for imposition of the mandatory
minimum sentence under this section, the Commonwealth shall
charge the defendant with any and all offenses that include
the enhancing elements, and may not dismiss the charges or
remove the enhancing elements or move for admission of the
defendant to Accelerated Rehabilitative Disposition on an
offense arising from a criminal episode involving an offense
that includes enhancing elements.
(2) Subject to evidentiary rules and established law, in
such cases, the Commonwealth shall offer all evidence that
may establish an enhancing element to the fact-finder at
trial or shall present all enhancing elements to the court as
enhancing elements as part of a plea of guilty or nolo
contendere.
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See A00628 in
the context
of HB0741