PRINTER'S NO. 3983
No. 2607 Session of 2008
INTRODUCED BY J. TAYLOR, ARGALL, BAKER, BARRAR, BEAR, BEYER,
BOBACK, BOYD, CAPPELLI, CIVERA, CLYMER, COSTA, CRUZ, CUTLER,
DALLY, DiGIROLAMO, J. EVANS, EVERETT, FAIRCHILD, FLECK,
GEIST, GILLESPIE, GINGRICH, GODSHALL, GOODMAN, HARHART,
HARPER, HARRIS, HERSHEY, HESS, KAUFFMAN, M. KELLER,
W. KELLER, KENNEY, KILLION, KORTZ, KOTIK, LEVDANSKY, MAHER,
MAJOR, MARSHALL, MARSICO, McILHATTAN, MENSCH, MICOZZIE,
MOYER, MURT, MUSTIO, NAILOR, PAYNE, PERZEL, PETRI, PHILLIPS,
PICKETT, PYLE, QUIGLEY, RAPP, RAYMOND, READSHAW, REICHLEY,
ROCK, ROSS, RUBLEY, SABATINA, SAYLOR, SCAVELLO, K. SMITH,
STERN, SWANGER, VEREB, VULAKOVICH, WATSON AND MILNE,
JUNE 18, 2008
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 18, 2008
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentences for offenses against elderly persons and for
4 sentencing generally.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 9717(b) and 9721(a.1) of Title 42 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 9717. Sentences for offenses against elderly persons.
10 * * *
11 (b) Eligibility for parole.--Parole shall not be granted
12 until the minimum term of imprisonment has been served[.],
13 except that no offender convicted of rape, aggravated assault or
14 any crime committed with a firearm shall be eligible for parole.
1 § 9721. Sentencing generally.
2 * * *
3 (a.1) Exception.--
4 (1) Unless specifically authorized under section 9763
5 (relating to a sentence of county intermediate punishment) or
6 Chapter 99 (relating to State intermediate punishment),
7 subsection (a) shall not apply where a mandatory minimum
8 sentence is otherwise provided by law.
9 (2) An eligible offender may be sentenced to State
10 intermediate punishment pursuant to subsection (a)(7) and as
11 described in Chapter 99, even if a mandatory minimum sentence
12 would otherwise be provided by law.
13 (3) A court shall have no authority to impose any
14 sentence other than total confinement for offenders convicted
15 of rape, robbery, criminal homicide, aggravated assault or
16 any crime committed with a firearm.
17 (4) The court shall have no authority to impose
18 concurrent sentences for offenders convicted of rape,
19 robbery, criminal homicide or any crime committed with a
20 firearm.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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