PRINTER'S NO. 1409
No. 1237 Session of 1987
INTRODUCED BY WESTON, NAHILL, MRKONIC, BOOK, KASUNIC, FOX,
KOSINSKI, BUNT, JOHNSON, ARTY, DeLUCA, E. Z. TAYLOR,
JADLOWIEC, ANGSTADT, KENNEY, SIRIANNI, STEVENS, HARPER,
CIMINI AND LANGTRY, APRIL 29, 1987
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 1987
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing for the crime of rape.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 9719. Sentence for rape.
9 (a) Mandatory sentence.--A person who is convicted of a
10 violation of 18 Pa.C.S. § 3121 (relating to rape) shall be
11 sentenced to a mandatory minimum term of not less than five
12 years of imprisonment.
13 (b) Authority of court in sentencing.--There shall be no
14 authority in any court to impose on an offender any lesser
15 sentence than the minimum sentence mandated by this section or
16 to place the offender on probation or to suspend sentence.
17 Nothing in this section shall prevent the sentencing court from
1 imposing a sentence greater than the minimum sentence mandated
2 by this section. In no case shall the sentence exceed the
3 maximum sentence prescribed by law for a felony of the first
4 degree. Sentencing guidelines promulgated by the Pennsylvania
5 Commission on Sentencing shall not supersede the mandatory
6 minimum sentence provided in this section. An offender shall not
7 become eligible for parole until the minimum term of
8 imprisonment has been served.
9 (c) Appeal by Commonwealth.--If a sentencing court refuses
10 to impose the mandatory minimum sentence as required by this
11 section, the Commonwealth shall have the duty to seek appellate
12 review of the action of the sentencing court. The appellate
13 court shall vacate the sentence and remand the case to the
14 sentencing court for imposition of a sentence in accordance with
15 this section if it finds that the sentence was imposed in
16 violation of this section.
17 Section 2. This act shall take effect in 60 days.
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