PRINTER'S NO. 1866
No. 1562 Session of 1987
INTRODUCED BY REBER, KOSINSKI, MORRIS, J. L. WRIGHT, NAHILL,
HAGARTY, CESSAR, GLADECK, SCHEETZ, REINARD, GODSHALL, BUNT,
ARTY, BELARDI, LASHINGER, MELIO, JOHNSON, HALUSKA, MERRY,
SEMMEL, DISTLER, GEIST, DALEY, CIMINI, ANGSTADT,
R. C. WRIGHT, O'BRIEN, J. TAYLOR, BELFANTI, STABACK, VROON,
MRKONIC, E. Z. TAYLOR, BOOK, WOGAN, SAURMAN, WOZNIAK,
FISCHER, KENNEY, WESTON, GRUPPO, CORRIGAN, LANGTRY, FOX,
PERZEL AND LEH, JUNE 17, 1987
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 17, 1987
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for mandatory
3 sentencing for offenses committed while impersonating a law
4 enforcement officer.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 9719. Sentences for offenses committed while impersonating a
10 law enforcement officer.
11 (a) Mandatory sentence.--A person convicted of murder of the
12 third degree, voluntary manslaughter, rape, involuntary deviate
13 sexual intercourse, aggravated assault as defined in 18 Pa.C.S.
14 § 2702(a)(1) (relating to aggravated assault), robbery as
15 defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating
16 to robbery) or kidnapping or who is convicted of attempt to
1 commit any of these crimes shall, if the person was
2 impersonating a law enforcement officer during the commission of
3 the offense, be sentenced to a minimum sentence of at least
4 three years of total confinement notwithstanding any other
5 provision of this title or other statute to the contrary.
6 (b) Proof at sentencing.--Provisions of this section shall
7 not be an element of the crime and notice thereof to the
8 defendant shall not be required prior to conviction, but
9 reasonable notice of the Commonwealth's intention to proceed
10 under this section shall be provided after conviction and before
11 sentencing. The applicability of this section shall be
12 determined at sentencing. The sentencing court shall consider
13 evidence presented at trial and shall afford the Commonwealth
14 and the defendant an opportunity to present necessary additional
15 evidence and shall determine, by a preponderance of the
16 evidence, if this section is applicable.
17 (c) Authority of court in sentencing.--There shall be no
18 authority in any court to impose on an offender to which this
19 section is applicable any lesser sentence than provided for in
20 subsection (a) or to place such offender on probation or to
21 suspend sentence. Nothing in this section shall prevent the
22 sentencing court from imposing a sentence greater than that
23 provided in this section. Sentencing guidelines promulgated by
24 the Pennsylvania Commission on Sentencing shall not supersede
25 the mandatory sentences provided in this section.
26 (d) Appeal by Commonwealth.--If a sentencing court refuses
27 to apply this section where applicable, the Commonwealth shall
28 have the right to appellate review of the action of the
29 sentencing court. The appellate court shall vacate the sentence
30 and remand the case to the sentencing court for imposition of a
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1 sentence in accordance with this section if it finds that the
2 sentence was imposed in violation of this section.
3 (e) Definition.--As used in this section the term "law
4 enforcement officer" means a law enforcement officer or employee
5 of the United States, a state, a political subdivision of a
6 state or the District of Columbia.
7 Section 2. This act shall take effect in 60 days.
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