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                                                       PRINTER'S NO. 397

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 389 Session of 2005


        INTRODUCED BY COSTA, ORIE, BOSCOLA, WOZNIAK, M. WHITE,
           C. WILLIAMS, RHOADES, TOMLINSON, KASUNIC, LAVALLE, RAFFERTY,
           KITCHEN, LOGAN, STACK, STOUT, O'PAKE AND MUSTO,
           MARCH 14, 2005

        REFERRED TO JUDICIARY, MARCH 14, 2005

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     sentencing procedure for murder of the first degree.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9711(d)(16) of Title 42 of the
     7  Pennsylvania Consolidated Statutes is amended read:
     8  § 9711.  Sentencing procedure for murder of the first degree.
     9     * * *
    10     (d)  Aggravating circumstances.--Aggravating circumstances
    11  shall be limited to the following:
    12         * * *
    13         (16)  The victim was a child under 12 years of age or a
    14     person 70 years of age or older.
    15         * * *
    16     Section 2.  This act shall take effect in 60 days.

    A12L42JAM/20050S0389B0397