SENATE AMENDED
        PRIOR PRINTER'S NOS. 1278, 2352, 2356         PRINTER'S NO. 2373

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1130 Session of 1987


        INTRODUCED BY MARKOSEK, BOOK, TRUMAN, J. TAYLOR, BLAUM, BOWLEY,
           GLADECK, ACOSTA, BURD, JADLOWIEC, SCHEETZ, MRKONIC, TRELLO,
           BATTISTO, KUKOVICH, GAMBLE, GEIST, JOHNSON, HERMAN, SHOWERS,
           ARTY, J. L. WRIGHT, BUNT, GODSHALL, PHILLIPS, FARMER, COLE,
           SAURMAN, FOX, McHALE, MELIO, D. W. SNYDER, WOGAN, SEMMEL,
           MICOZZIE, DeLUCA, CLYMER, KENNEY, RAYMOND, CIVERA, NAHILL,
           TIGUE, PRESTON, PERZEL, MERRY, HAYDEN, DUFFY, FLICK, KASUNIC,
           KOSINSKI, STAIRS, MAYERNIK, BORTNER, STABACK, HERSHEY, OLASZ,
           E. Z. TAYLOR, MICHLOVIC, VEON, RICHARDSON, COLAFELLA, LANGTRY
           AND BELARDI, APRIL 22, 1987

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 26, 1987

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, LIMITING THE DEFENSE OF JUSTIFICATION   <--
     3     IN CERTAIN CASES; ADDING PROVISIONS RELATING TO THE            <--
     4     ESTABLISHMENT AND OPERATION OF THE PENNSYLVANIA COMMISSION ON
     5     SENTENCING; increasing the penalties for false reports to law
     6     enforcement authorities; MAKING AN EDITORIAL CHANGE; AND       <--
     7     MAKING REPEALS.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 4906 of Title 18 of the Pennsylvania       <--
    11  Consolidated Statutes is amended to read:
    12     SECTION 1.  CHAPTER 13 OF TITLE 18 OF THE PENNSYLVANIA         <--
    13  CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBCHAPTER TO READ:
    14     SECTION 1.  SECTION 509 OF TITLE 18 OF THE PENNSYLVANIA        <--
    15  CONSOLIDATED STATUTES IS AMENDED TO READ:
    16  § 509.  USE OF FORCE BY PERSONS WITH SPECIAL RESPONSIBILITY FOR

     1             CARE, DISCIPLINE OR SAFETY OF OTHERS.
     2     (A)  GENERAL RULE.--THE USE OF FORCE UPON OR TOWARD THE
     3  PERSON OF ANOTHER IS JUSTIFIABLE IF:
     4         (1)  THE ACTOR IS THE PARENT OR GUARDIAN OR OTHER PERSON
     5     SIMILARLY RESPONSIBLE FOR THE GENERAL CARE AND SUPERVISION OF
     6     A MINOR OR A PERSON ACTING AT THE REQUEST OF SUCH PARENT,
     7     GUARDIAN OR OTHER RESPONSIBLE PERSON AND:
     8             (I)  THE FORCE IS USED FOR THE PURPOSE OF
     9         SAFEGUARDING OR PROMOTING THE WELFARE OF THE MINOR,
    10         INCLUDING THE PREVENTING OR PUNISHMENT OF HIS MISCONDUCT;
    11         AND
    12             (II)  THE FORCE USED IS NOT DESIGNED TO CAUSE OR
    13         KNOWN TO CREATE A SUBSTANTIAL RISK OF CAUSING DEATH,
    14         SERIOUS BODILY INJURY, DISFIGUREMENT, EXTREME PAIN OR
    15         MENTAL DISTRESS OR GROSS DEGRADATION.
    16         (2)  THE ACTOR IS A TEACHER OR PERSON OTHERWISE ENTRUSTED
    17     WITH THE CARE OR SUPERVISION FOR A SPECIAL PURPOSE OF A MINOR
    18     AND:
    19             (I)  THE ACTOR BELIEVES THAT THE FORCE USED IS
    20         NECESSARY TO FURTHER SUCH SPECIAL PURPOSE, INCLUDING THE
    21         MAINTENANCE OF REASONABLE DISCIPLINE IN A SCHOOL, CLASS
    22         OR OTHER GROUP, AND THAT THE USE OF SUCH FORCE IS
    23         CONSISTENT WITH THE WELFARE OF THE MINOR; AND
    24             (II)  THE DEGREE OF FORCE, IF IT HAD BEEN USED BY THE
    25         PARENT OR GUARDIAN OF THE MINOR, WOULD NOT BE
    26         UNJUSTIFIABLE UNDER [SUBPARAGRAPH (1)(II) OF THIS
    27         SECTION] PARAGRAPH (1)(II).
    28         (3)  THE ACTOR IS THE GUARDIAN OR OTHER PERSON SIMILARLY
    29     RESPONSIBLE FOR THE GENERAL CARE AND SUPERVISION OF AN
    30     INCOMPETENT, MENTALLY ILL OR MENTALLY RETARDED PERSON; AND:
    19870H1130B2373                  - 2 -

     1             (I)  THE FORCE IS [USED] NECESSARY FOR THE PURPOSE OF
     2         SAFEGUARDING OR PROMOTING THE WELFARE OF THE INCOMPETENT,
     3         MENTALLY ILL OR MENTALLY RETARDED PERSON, INCLUDING THE
     4         PREVENTION OF HIS MISCONDUCT[, OR, WHEN SUCH INCOMPETENT
     5         PERSON IS IN A HOSPITAL OR OTHER INSTITUTION FOR HIS CARE
     6         AND CUSTODY, FOR THE MAINTENANCE OF REASONABLE DISCIPLINE
     7         IN SUCH INSTITUTION]; AND
     8             (II)  THE FORCE USED IS NOT DESIGNED TO CAUSE OR
     9         KNOWN TO CREATE A SUBSTANTIAL RISK OF CAUSING DEATH,
    10         [SERIOUS] BODILY INJURY, DISFIGUREMENT, [EXTREME OR
    11         UNNECESSARY] PAIN, MENTAL DISTRESS, OR HUMILIATION BEYOND
    12         THAT JUSTIFIABLE UNDER SUBPARAGRAPH (I).
    13         (4)  THE ACTOR IS A DOCTOR OR OTHER THERAPIST OR A PERSON
    14     ASSISTING HIM AT HIS DIRECTION; AND:
    15             (I)  THE FORCE IS USED FOR THE PURPOSE OF
    16         ADMINISTERING A RECOGNIZED FORM OF TREATMENT NOT
    17         PROHIBITED BY LAW OF THIS COMMONWEALTH WHICH THE ACTOR
    18         BELIEVES TO BE ADAPTED TO PROMOTING THE PHYSICAL OR
    19         MENTAL HEALTH OF THE PATIENT; AND
    20             (II)  THE TREATMENT IS ADMINISTERED WITH THE CONSENT
    21         OF THE PATIENT, OR, IF THE PATIENT IS A MINOR OR AN
    22         INCOMPETENT PERSON WITH THE CONSENT OF HIS PARENT OR
    23         GUARDIAN OR OTHER PERSON LEGALLY COMPETENT TO CONSENT IN
    24         HIS BEHALF, OR THE TREATMENT IS ADMINISTERED IN AN
    25         EMERGENCY WHEN THE ACTOR BELIEVES THAT NO ONE COMPETENT
    26         TO CONSENT CAN BE CONSULTED AND THAT A REASONABLE PERSON,
    27         WISHING TO SAFEGUARD THE WELFARE OF THE PATIENT, WOULD
    28         CONSENT.
    29         (5)  THE ACTOR IS A WARDEN OR OTHER AUTHORIZED OFFICIAL
    30     OF A CORRECTIONAL INSTITUTION; AND:
    19870H1130B2373                  - 3 -

     1             (I)  HE BELIEVES THAT THE FORCE USED IS NECESSARY FOR
     2         THE PURPOSE OF ENFORCING THE LAWFUL RULES OR PROCEDURES
     3         OF THE INSTITUTION, UNLESS HIS BELIEF IN THE LAWFULNESS
     4         OF THE RULE OR PROCEDURE SOUGHT TO BE ENFORCED IS
     5         ERRONEOUS AND HIS ERROR IS DUE TO IGNORANCE OR MISTAKE AS
     6         TO THE PROVISIONS OF THIS TITLE, ANY OTHER PROVISION OF
     7         THE CRIMINAL LAW OR THE LAW GOVERNING THE ADMINISTRATION
     8         OF THE INSTITUTION;
     9             (II)  THE NATURE OR DEGREE OF FORCE USED IS NOT
    10         FORBIDDEN BY LAW; AND
    11             (III)  IF DEADLY FORCE IS USED, ITS USE IS OTHERWISE
    12         JUSTIFIABLE UNDER THIS CHAPTER.
    13         (6)  THE ACTOR IS A PERSON RESPONSIBLE FOR THE SAFETY OF
    14     A VESSEL OR AN AIRCRAFT OR A PERSON ACTING AT HIS DIRECTION;
    15     AND:
    16             (I)  HE BELIEVES THAT THE FORCE USED IS NECESSARY TO
    17         PREVENT INTERFERENCE WITH THE OPERATION OF THE VESSEL OR
    18         AIRCRAFT OR OBSTRUCTION OF THE EXECUTION OF A LAWFUL
    19         ORDER, UNLESS HIS BELIEF IN THE LAWFULNESS OF THE ORDER
    20         IS ERRONEOUS AND HIS ERROR IS DUE TO IGNORANCE OR MISTAKE
    21         AS TO THE LAW DEFINING HIS AUTHORITY; AND
    22             (II)  IF DEADLY FORCE IS USED, ITS USE IS OTHERWISE
    23         JUSTIFIABLE UNDER THIS CHAPTER.
    24         (7)  THE ACTOR IS A PERSON WHO IS AUTHORIZED OR REQUIRED
    25     BY LAW TO MAINTAIN ORDER OR DECORUM IN A VEHICLE, TRAIN OR
    26     OTHER CARRIER OR IN A PLACE WHERE OTHERS ARE ASSEMBLED; AND:
    27             (I)  HE BELIEVES THAT THE FORCE USED IS NECESSARY FOR
    28         SUCH PURPOSE; AND
    29             (II)  THE FORCE USED IS NOT DESIGNED TO CAUSE DEATH,
    30         OR KNOWN TO CREATE A SUBSTANTIAL RISK OF CAUSING DEATH,
    19870H1130B2373                  - 4 -

     1         BODILY INJURY, OR EXTREME MENTAL DISTRESS.
     2     (B)  NECESSARY FORCE.--AS USED IN SUBSECTION (A)(3)(I), FORCE
     3  SHALL BE DEEMED NECESSARY ONLY IF NO REASONABLE ALTERNATIVE IS
     4  AVAILABLE AND THE FORCE USED IS LIMITED TO THAT WHICH IS
     5  REQUIRED TO PREVENT IMMINENT PHYSICAL INJURY TO THE ACTOR, THE
     6  INCOMPETENT PERSON, MENTALLY ILL OR MENTALLY RETARDED PERSON OR
     7  ANOTHER PERSON.
     8     SECTION 2.  CHAPTER 13 OF TITLE 18 IS AMENDED BY ADDING A
     9  SUBCHAPTER TO READ:
    10                             CHAPTER 13
    11                  AUTHORITY OF COURT IN SENTENCING
    12                               * * *
    13                            SUBCHAPTER G
    14               PENNSYLVANIA COMMISSION ON SENTENCING
    15  SEC.
    16  1381.  PENNSYLVANIA COMMISSION ON SENTENCING.
    17  1382.  COMPOSITION OF COMMISSION.
    18  1383.  POWERS AND DUTIES.
    19  1384.  ADOPTION OF GUIDELINES FOR SENTENCING.
    20  1385.  PUBLICATION OF GUIDELINES FOR SENTENCING.
    21  1386.  SEVERABILITY OF SUBCHAPTER.
    22  § 1381.  PENNSYLVANIA COMMISSION ON SENTENCING.
    23     (A)  GENERAL RULE.--THE PENNSYLVANIA COMMISSION ON SENTENCING
    24  SHALL BE ESTABLISHED AS AN AGENCY OF THE GENERAL ASSEMBLY AND
    25  SHALL CONSIST OF 11 PERSONS SELECTED AS PROVIDED IN THIS
    26  SUBCHAPTER.
    27     (B)  SEAL.--THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
    28  HAVE A SEAL ENGRAVED WITH ITS NAME AND SUCH OTHER INSCRIPTION AS
    29  MAY BE SPECIFIED BY REGULATION OF THE COMMISSION.
    30  § 1382.  COMPOSITION OF COMMISSION.
    19870H1130B2373                  - 5 -

     1     (A)  GENERAL RULE.--THE PENNSYLVANIA COMMISSION ON SENTENCING
     2  SHALL CONSIST OF:
     3         (1)  TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES SELECTED
     4     BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NO MORE THAN
     5     ONE OF WHOM SHALL BE OF THE SAME POLITICAL PARTY.
     6         (2)  TWO MEMBERS OF THE SENATE SELECTED BY THE PRESIDENT
     7     PRO TEMPORE OF THE SENATE, NO MORE THAN ONE OF WHOM SHALL BE
     8     OF THE SAME POLITICAL PARTY.
     9         (3)  FOUR JUDGES OF COURTS OF RECORD SELECTED BY THE
    10     CHIEF JUSTICE OF PENNSYLVANIA.
    11         (4)  THREE PERSONS APPOINTED BY THE GOVERNOR, WHO SHALL
    12     BE, RESPECTIVELY:
    13             (I)  A DISTRICT ATTORNEY.
    14             (II)  A DEFENSE ATTORNEY.
    15             (III)  EITHER A PROFESSOR OF LAW OR A CRIMINOLOGIST.
    16     (B)  TERMS OF OFFICE.--THE MEMBERS OF THE COMMISSION SHALL
    17  SERVE FOR TERMS OF TWO YEARS AND UNTIL A SUCCESSOR HAS BEEN
    18  SELECTED AND QUALIFIED. A VACANCY ON THE COMMISSION SHALL BE
    19  FILLED FOR THE BALANCE OF THE TERM.
    20     (C)  CHAIRMAN AND EXECUTIVE DIRECTOR.--THE COMMISSION SHALL
    21  SELECT A CHAIRMAN FROM ITS MEMBERS AND AN EXECUTIVE DIRECTOR.
    22  THE CHAIRMAN SHALL:
    23         (1)  PRESIDE AT MEETINGS OF THE COMMISSION.
    24         (2)  DIRECT THE PREPARATION OF REQUESTS FOR
    25     APPROPRIATIONS FOR THE COMMISSION AND THE USE OF FUNDS MADE
    26     AVAILABLE TO THE COMMISSION.
    27     (D)  MEETINGS AND QUORUM.--
    28         (1)  THE COMMISSION SHALL MEET AT LEAST FOUR TIMES A YEAR
    29     AND NOT LESS THAN SEMIANNUALLY TO ESTABLISH ITS GENERAL
    30     POLICIES AND RULES.
    19870H1130B2373                  - 6 -

     1         (2)  THE COMMISSION SHALL BE DEEMED AN "AGENCY" WITHIN
     2     THE MEANING OF AND SHALL BE SUBJECT TO THE PROVISIONS OF THE
     3     ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE SUNSHINE
     4     ACT.
     5         (3)  SEVEN COMMISSIONERS SHALL CONSTITUTE A QUORUM FOR
     6     THE PURPOSE OF ADOPTING PROPOSED INITIAL AND INITIAL AND
     7     SUBSEQUENT GUIDELINES. A MAJORITY OF COMMISSIONERS SHALL
     8     CONSTITUTE A QUORUM FOR ALL OTHER PURPOSES.
     9         (4)  MINUTES OF MEETINGS SHALL BE KEPT BY THE EXECUTIVE
    10     DIRECTOR AND FILED AT THE EXECUTIVE OFFICE OF THE COMMISSION.
    11     (E)  RECORDS OF ACTION.--EXCEPT AS OTHERWISE PROVIDED BY
    12  STATUTE, THE COMMISSION SHALL MAINTAIN AND MAKE AVAILABLE FOR
    13  PUBLIC INSPECTION A RECORD OF THE FINAL VOTE OF EACH MEMBER ON
    14  ANY ACTION TAKEN BY IT.
    15     (F)  EXPENSES.--EACH COMMISSIONER SHALL BE ENTITLED TO
    16  REIMBURSEMENT FOR HIS ACCOUNTABLE EXPENSES INCURRED WHILE
    17  ENGAGED IN THE BUSINESS OF THE COMMISSION.
    18  § 1383.  POWERS AND DUTIES.
    19     (A)  GENERAL RULE.--THE COMMISSION, PURSUANT TO RULES AND
    20  REGULATIONS, SHALL HAVE THE POWER TO:
    21         (1)  ESTABLISH GENERAL POLICIES AND PROMULGATE SUCH RULES
    22     AND REGULATIONS FOR THE COMMISSION AS ARE NECESSARY TO CARRY
    23     OUT THE PURPOSES OF THIS SUBCHAPTER AND 42 PA.C.S. CH. 97
    24     (RELATING TO SENTENCING).
    25         (2)  UTILIZE, WITH THEIR CONSENT, THE SERVICES,
    26     EQUIPMENT, PERSONNEL, INFORMATION AND FACILITIES OF FEDERAL,
    27     STATE, LOCAL AND PRIVATE AGENCIES AND INSTRUMENTALITIES WITH
    28     OR WITHOUT REIMBURSEMENT THEREFOR.
    29         (3)  ENTER INTO AND PERFORM SUCH CONTRACTS, LEASES,
    30     COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS AS MAY BE
    19870H1130B2373                  - 7 -

     1     NECESSARY IN THE CONDUCT OF THE FUNCTIONS OF THE COMMISSION,
     2     WITH ANY PUBLIC AGENCY OR WITH ANY PERSON, FIRM, ASSOCIATION,
     3     CORPORATION, EDUCATIONAL INSTITUTION OR NONPROFIT
     4     ORGANIZATION.
     5         (4)  REQUEST SUCH INFORMATION, DATA AND REPORTS FROM ANY
     6     OFFICER OR AGENCY OF THE COMMONWEALTH GOVERNMENT AS THE
     7     COMMISSION MAY FROM TIME TO TIME REQUIRE AND AS MAY BE
     8     PRODUCED CONSISTENT WITH OTHER LAW.
     9         (5)  ARRANGE WITH THE HEAD OF ANY GOVERNMENT UNIT FOR THE
    10     PERFORMANCE BY THE GOVERNMENT UNIT OF ANY FUNCTION OF THE
    11     COMMISSION, WITH OR WITHOUT REIMBURSEMENT.
    12         (6)  ISSUE INVITATIONS REQUESTING THE ATTENDANCE AND
    13     TESTIMONY OF WITNESSES AND THE PRODUCTION OF ANY EVIDENCE
    14     THAT RELATES DIRECTLY TO A MATTER WITH RESPECT TO WHICH THE
    15     COMMISSION OR ANY MEMBER THEREOF IS EMPOWERED TO MAKE A
    16     DETERMINATION UNDER THIS SUBCHAPTER.
    17         (7)  ESTABLISH A RESEARCH AND DEVELOPMENT PROGRAM WITHIN
    18     THE COMMISSION FOR THE PURPOSE OF:
    19             (I)  SERVING AS A CLEARINGHOUSE AND INFORMATION
    20         CENTER FOR THE COLLECTION, PREPARATION AND DISSEMINATION
    21         OF INFORMATION ON COMMONWEALTH SENTENCING PRACTICES.
    22             (II)  ASSISTING AND SERVING IN A CONSULTING CAPACITY
    23         TO STATE COURTS, DEPARTMENTS AND AGENCIES IN THE
    24         DEVELOPMENT, MAINTENANCE AND COORDINATION OF SOUND
    25         SENTENCING PRACTICES.
    26         (8)  COLLECT SYSTEMATICALLY THE DATA OBTAINED FROM
    27     STUDIES, RESEARCH AND THE EMPIRICAL EXPERIENCE OF PUBLIC AND
    28     PRIVATE AGENCIES CONCERNING THE SENTENCING PROCESSES.
    29         (9)  PUBLISH DATA CONCERNING THE SENTENCING PROCESSES.
    30         (10)  COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
    19870H1130B2373                  - 8 -

     1     CONCERNING SENTENCES ACTUALLY IMPOSED.
     2         (11)  COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
     3     REGARDING EFFECTIVENESS OF SENTENCES IMPOSED.
     4         (12)  MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY
     5     CONCERNING MODIFICATION OR ENACTMENT OF SENTENCING AND
     6     CORRECTIONAL STATUTES WHICH THE COMMISSION FINDS TO BE
     7     NECESSARY AND ADVISABLE TO CARRY OUT AN EFFECTIVE, HUMANE AND
     8     RATIONAL SENTENCING POLICY.
     9         (13)  ESTABLISH A PLAN AND TIMETABLE TO COLLECT AND
    10     DISSEMINATE INFORMATION RELATING TO INCAPACITATION,
    11     RECIDIVISM, DETERRENCE AND OVERALL EFFECTIVENESS OF SENTENCES
    12     IMPOSED.
    13         (14)  ESTABLISH A PROGRAM TO SYSTEMATICALLY MONITOR
    14     COMPLIANCE WITH THE GUIDELINES AND WITH MANDATORY SENTENCING
    15     LAWS BY:
    16             (I)  PROMULGATING FORMS WHICH DOCUMENT THE
    17         APPLICATION OF THE GUIDELINES OR MANDATORY SENTENCING
    18         LAWS, OR BOTH.
    19             (II)  REQUIRING THE TIMELY COMPLETION AND SUBMISSION
    20         OF SUCH FORMS TO THE COMMISSION.
    21     (B)  ANNUAL REPORTS.--THE COMMISSION SHALL REPORT ANNUALLY TO
    22  THE GENERAL ASSEMBLY, THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
    23  COURTS AND THE GOVERNOR ON THE ACTIVITIES OF THE COMMISSION.
    24     (C)  ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE
    25  SUCH OTHER POWERS AND DUTIES AND SHALL PERFORM SUCH OTHER
    26  FUNCTIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS
    27  SUBCHAPTER OR AS MAY BE PROVIDED UNDER ANY OTHER PROVISION OF
    28  LAW AND MAY DELEGATE TO ANY COMMISSIONER OR DESIGNATED PERSON
    29  SUCH POWERS AS MAY BE APPROPRIATE OTHER THAN THE POWER TO
    30  ESTABLISH GENERAL POLICIES, GUIDELINES, RULES AND FACTORS UNDER
    19870H1130B2373                  - 9 -

     1  SUBSECTION (A)(1).
     2  § 1384.  ADOPTION OF GUIDELINES FOR SENTENCING.
     3     (A)  GENERAL RULE.--THE COMMISSION SHALL ADOPT GUIDELINES FOR
     4  SENTENCING WITHIN THE LIMITS ESTABLISHED BY LAW WHICH SHALL BE
     5  CONSIDERED BY THE SENTENCING COURT IN DETERMINING THE
     6  APPROPRIATE SENTENCE FOR DEFENDANTS WHO PLEAD GUILTY OR NOLO
     7  CONTENDERE TO, OR WHO WERE FOUND GUILTY OF, FELONIES AND
     8  MISDEMEANORS. THE GUIDELINES SHALL:
     9         (1)  SPECIFY THE RANGE OF SENTENCES APPLICABLE TO CRIMES
    10     OF A GIVEN DEGREE OF GRAVITY.
    11         (2)  SPECIFY A RANGE OF SENTENCES OF INCREASED SEVERITY
    12     FOR DEFENDANTS PREVIOUSLY CONVICTED OF OR ADJUDICATED
    13     DELINQUENT FOR ONE OR MORE MISDEMEANOR OR FELONY OFFENSES
    14     COMMITTED PRIOR TO THE CURRENT OFFENSE. FOR PURPOSES OF THIS
    15     SECTION "PREVIOUSLY CONVICTED OR ADJUDICATED DELINQUENT"
    16     SHALL INCLUDE ANY FINDING OF GUILT OR ADJUDICATION OF
    17     DELINQUENCY WHETHER OR NOT SENTENCE HAS BEEN IMPOSED OR
    18     DISPOSITION ORDERED PRIOR TO THE COMMISSION OF THE CURRENT
    19     OFFENSE.
    20         (3)  SPECIFY A RANGE OF SENTENCES OF INCREASED SEVERITY
    21     FOR DEFENDANTS WHO POSSESSED A DEADLY WEAPON DURING THE
    22     COMMISSION OF THE CURRENT CONVICTION OFFENSE.
    23         (4)  PRESCRIBE VARIATIONS FROM THE RANGE OF SENTENCES
    24     APPLICABLE ON ACCOUNT OF AGGRAVATING OR MITIGATING
    25     CIRCUMSTANCES.
    26     (B)  DEFINITION.--AS USED IN THIS SECTION THE TERM
    27  "POSSESSED" MEANS ON THE DEFENDANT'S PERSON OR WITHIN HIS
    28  IMMEDIATE PHYSICAL CONTROL.
    29  § 1385.  PUBLICATION OF GUIDELINES FOR SENTENCING.
    30     (A)  GENERAL RULE.--THE COMMISSION SHALL:
    19870H1130B2373                 - 10 -

     1         (1)  PRIOR TO ADOPTION, PUBLISH IN THE PENNSYLVANIA
     2     BULLETIN ALL PROPOSED SENTENCING GUIDELINES AND HOLD PUBLIC
     3     HEARINGS NOT EARLIER THAN 30 DAYS AND NOT LATER THAN 60 DAYS
     4     THEREAFTER TO AFFORD AN OPPORTUNITY FOR THE FOLLOWING PERSONS
     5     AND ORGANIZATIONS TO TESTIFY:
     6             (I)  PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION.
     7             (II)  CHIEFS OF POLICE ASSOCIATIONS.
     8             (III)  FRATERNAL ORDER OF POLICE.
     9             (IV)  PUBLIC DEFENDERS ORGANIZATION.
    10             (V)  LAW SCHOOL FACULTY MEMBERS.
    11             (VI)  STATE BOARD OF PROBATION AND PAROLE.
    12             (VII)  BUREAU OF CORRECTION.
    13             (VIII)  PENNSYLVANIA BAR ASSOCIATION.
    14             (IX)  PENNSYLVANIA WARDENS ASSOCIATION.
    15             (X)  PENNSYLVANIA ASSOCIATION ON PROBATION, PAROLE
    16         AND CORRECTIONS.
    17             (XI)  PENNSYLVANIA CONFERENCE OF STATE TRIAL JUDGES.
    18             (XII)  ANY OTHER INTERESTED PERSON OR ORGANIZATION.
    19         (2)  PUBLISH IN THE PENNSYLVANIA BULLETIN SENTENCING
    20     GUIDELINES AS ADOPTED BY THE COMMISSION.
    21     (B)  REJECTION BY GENERAL ASSEMBLY.--SUBJECT TO GUBERNATORIAL
    22  REVIEW PURSUANT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION
    23  OF PENNSYLVANIA, THE GENERAL ASSEMBLY MAY BY CONCURRENT
    24  RESOLUTION REJECT IN THEIR ENTIRETY ANY GUIDELINES ADOPTED BY
    25  THE COMMISSION WITHIN 90 DAYS OF THEIR PUBLICATION IN THE
    26  PENNSYLVANIA BULLETIN PURSUANT TO SUBSECTION (A)(2).
    27     (C)  EFFECTIVE DATE.--SENTENCING GUIDELINES ADOPTED BY THE
    28  COMMISSION SHALL BECOME EFFECTIVE 180 DAYS AFTER PUBLICATION IN
    29  THE PENNSYLVANIA BULLETIN PURSUANT TO SUBSECTION (A)(2) UNLESS
    30  DISAPPROVED PURSUANT TO SUBSECTION (B). IF NOT DISAPPROVED, THE
    19870H1130B2373                 - 11 -

     1  COMMISSIONERS SHALL CONDUCT TRAINING AND ORIENTATION FOR TRIAL
     2  COURT JUDGES PRIOR TO THE EFFECTIVE DATE OF THE GUIDELINES.
     3  § 1386.  SEVERABILITY OF SUBCHAPTER.
     4     THE PROVISIONS OF THIS SUBCHAPTER ARE SEVERABLE. IF ANY
     5  PROVISION OF THIS SUBCHAPTER OR ITS APPLICATION TO ANY PERSON OR
     6  CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT
     7  OTHER PROVISIONS OR APPLICATIONS OF THIS SUBCHAPTER WHICH CAN BE
     8  GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION.
     9     SECTION 2 3.  SECTION 4906 OF TITLE 18 IS AMENDED TO READ:     <--
    10  § 4906.  False reports to law enforcement authorities.
    11     (a)  Falsely incriminating another.--A person who knowingly
    12  gives false information to any law enforcement officer with
    13  intent to implicate another commits a misdemeanor of the [second
    14  degree] first degree.
    15     (b)  Fictitious reports.--A person commits a misdemeanor of
    16  the [third degree] first degree if he:
    17         (1)  reports to law enforcement authorities an offense or
    18     other incident within their concern knowing that it did not
    19     occur; or
    20         (2)  pretends to furnish such authorities with
    21     information relating to an offense or incident when he knows
    22     he has no information relating to such offense or incident.
    23     Section 2.  This act shall take effect in 60 days.             <--
    24     SECTION 3 4.  ANY SENTENCING GUIDELINES ADOPTED BY THE         <--
    25  PENNSYLVANIA COMMISSION ON SENTENCING AND DISAPPROVED BY THE
    26  GENERAL ASSEMBLY PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL
    27  BE DEEMED NULL AND VOID UPON THE ADOPTION OF SENTENCING
    28  GUIDELINES SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ACT AND
    29  PURSUANT TO THIS SECTION OF THIS ACT. NOTWITHSTANDING THE
    30  REQUIREMENTS SET FORTH IN 18 PA.C.S. § 1385 (RELATING TO
    19870H1130B2373                 - 12 -

     1  PUBLICATION OF GUIDELINES FOR SENTENCING), SAID THOSE GUIDELINES  <--
     2  SHALL BE NEXT ADOPTED BY THE COMMISSION AND SHALL BE PUBLISHED    <--
     3  IN THE PENNSYLVANIA BULLETIN WITHIN 20 DAYS OF THE EFFECTIVE
     4  DATE OF THIS ACT. THE; AND THE GENERAL ASSEMBLY SHALL TAKE ANY    <--
     5  ACTION PERMITTED PURSUANT TO 18 PA.C.S. § 1385(B) WITHIN 30 DAYS
     6  FROM THE DATE THAT THE GUIDELINES ARE PUBLISHED IN THE
     7  PENNSYLVANIA BULLETIN, AND SAID GUIDELINES SHALL BECOME
     8  EFFECTIVE 30 DAYS AFTER PUBLICATION IN THE PENNSYLVANIA BULLETIN
     9  UNLESS DISAPPROVED PURSUANT TO 18 PA.C.S. § 1385(B) THIS          <--
    10  SECTION. THE GUIDELINES SHALL APPLY TO ALL OFFENSES COMMITTED ON
    11  OR AFTER THE EFFECTIVE DATE OF THE ADOPTED GUIDELINES.
    12     SECTION 4 5.  THE FOLLOWING ACTS AND PARTS OF ACTS ARE         <--
    13  REPEALED:
    14     42 PA.C.S. CH. 21 SUBCH. F (RELATING TO PENNSYLVANIA
    15  COMMISSION ON SENTENCING).
    16     AS MUCH OF THE SECOND SENTENCE OF 42 PA.C.S. 9721(B) AS READS
    17  AS FOLLOWS: ". . . AND TAKING EFFECT PURSUANT TO SECTION 2155
    18  (RELATING TO PUBLICATION OF GUIDELINES FOR SENTENCING) . . ."
    19     AS MUCH OF THE FOURTH SENTENCE OF 42 PA.C.S. 9721(B) AS READS
    20  AS FOLLOWS: ". . . PURSUANT TO SECTION 2154 (RELATING TO
    21  ADOPTION OF GUIDELINES FOR SENTENCING) AND MADE EFFECTIVE
    22  PURSUANT TO SECTION 2155 . . ."
    23     SECTION 5 6.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:           <--
    24         (1)  SECTION 2 3 (RELATING TO SECTION 4906) SHALL TAKE     <--
    25     EFFECT IN 60 DAYS.
    26         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    27     IMMEDIATELY.


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