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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY YUDICHAK, BAKER, GORDNER, TARTAGLIONE, FARNESE, SOLOBAY, COSTA, BLAKE, STACK, BREWSTER, SCHWANK, ARGALL, BOSCOLA, FONTANA, WASHINGTON, HUGHES, BROWNE AND FERLO, MAY 29, 2012 |
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| REFERRED TO JUDICIARY, MAY 29, 2012 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for sentencing |
3 | for offenses committed in association with a criminal street |
4 | gang. |
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 | § 9720.3. Sentencing for offenses committed in association with |
10 | a criminal street gang. |
11 | (a) Sentencing enhancement.--The Pennsylvania Commission on |
12 | Sentencing shall provide for a sentence enhancement for the |
13 | following: |
14 | (1) Where a person commits a crime of violence or a |
15 | violation of section 13(a)(30) of the act of April 14, 1972 |
16 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
17 | Device and Cosmetic Act, if the offense was knowingly |
18 | committed at the direction of or for the purpose of |
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1 | benefiting, promoting or furthering the interests of a |
2 | criminal street gang. |
3 | (2) Where a person causes, encourages, recruits, |
4 | solicits or coerces another to join, participate in or assist |
5 | a criminal street gang in committing any criminal offense |
6 | that is defined as a crime of violence or a violation of |
7 | section 13(a)(30) of The Controlled Substance, Drug, Device |
8 | and Cosmetic Act. |
9 | (3) Where a person communicates, directly or indirectly, |
10 | to another person a threat of injury or damage to the person |
11 | or property of that person or to an associate or relative of |
12 | that person with the intent to do either of the following: |
13 | (i) Deter the other person from assisting a gang |
14 | member or associate of a gang to withdraw from the gang. |
15 | (ii) Punish or retaliate against the other person |
16 | for having withdrawn from a gang. |
17 | (b) Proof at sentencing.--The provisions of this section |
18 | shall not be an element of the crime and notice of the |
19 | provisions of this section to the defendant shall not be |
20 | required prior to conviction, but reasonable notice of the |
21 | Commonwealth's intention to proceed under this section shall be |
22 | provided after conviction and before sentencing. |
23 | (c) Applicability.--The applicability of this section shall |
24 | be determined at sentencing. The court shall consider any |
25 | evidence presented at trial and shall afford the Commonwealth |
26 | and the defendant an opportunity to present any necessary |
27 | additional evidence and shall determine, by a preponderance of |
28 | the evidence, if this section is applicable. |
29 | (d) Definitions.--As used in this section, the following |
30 | words and phrases shall have the meanings given to them in this |
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1 | subsection unless the context clearly indicates otherwise: |
2 | "Crime of violence." An offense under any of the following: |
3 | (1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide). |
4 | (2) 18 Pa.C.S. Ch. 26 (relating to crimes against unborn |
5 | child). |
6 | (3) 18 Pa.C.S. Ch. 27 (relating to assault). |
7 | (4) 18 Pa.C.S. § 2901 (relating to kidnapping). |
8 | (5) 18 Pa.C.S. Ch. 31 (relating to sexual offenses). |
9 | (6) 18 Pa.C.S. § 3125 (relating to aggravated indecent |
10 | assault). |
11 | (7) 18 Pa.C.S. § 3301(a) (relating to arson and related |
12 | offenses). |
13 | (8) 18 Pa.C.S. § 3502 (relating to burglary), if at the |
14 | time of the offense the structure entered was adapted for |
15 | overnight accommodation. |
16 | (9) 18 Pa.C.S. § 3701 (relating to robbery). |
17 | (10) 18 Pa.C.S. § 3702 (relating to robbery of motor |
18 | vehicle). |
19 | (11) An offense under 18 Pa.C.S. Ch. 49, Subch. B |
20 | (relating to victim and witness intimidation), involving a |
21 | witness to or a victim of a violation of any offense |
22 | enumerated under this definition. |
23 | (12) A crime equivalent to one listed under this |
24 | subsection under the laws of this Commonwealth in effect at |
25 | the time of the commission of the offense. |
26 | (13) A crime equivalent to one listed under this |
27 | subsection under Federal law or in a jurisdiction outside |
28 | this Commonwealth. |
29 | (14) A criminal attempt, conspiracy or solicitation to |
30 | commit an offense enumerated under this subsection. |
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1 | "Criminal street gang." A formal or informal confederation, |
2 | alliance, network, conspiracy, understanding or similar |
3 | conjoining of persons who operate individually or collectively |
4 | as a group or subgroup, with or without an established |
5 | hierarchy, that, through its membership obtained by pledge, |
6 | oath, swearing, ritual, distinct membership markings, symbolism, |
7 | common identifiers or other criteria that law enforcement |
8 | personnel use to identify the groups or subgroups, engages in |
9 | criminal activity. |
10 | Section 2. This act shall take effect in 60 days. |
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