PRIOR PRINTER'S NO. 3592 PRINTER'S NO. 3787
No. 2637 Session of 1996
INTRODUCED BY FICHTER, GODSHALL, STERN, BUNT, MAITLAND, FEESE,
WALKO, ROBERTS, L. I. COHEN, NAILOR, TIGUE, FAJT, TRUE,
MILLER, COWELL, BROWNE, BROWN, SATHER, SHEEHAN, DiGIROLAMO,
GEIST, E. Z. TAYLOR, SCHRODER, ROONEY, HALUSKA, EGOLF, MELIO,
HENNESSEY, CORNELL, SAINATO AND MERRY, MAY 21, 1996
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 18, 1996
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing for murder of the first degree AND FOR AN ORDER OF <--
4 PROBATION; AND MAKING REPEALS.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9711(d) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended by adding a paragraph to read:
9 § 9711. Sentencing procedure for murder of the first degree.
10 * * *
11 (d) Aggravating circumstances.--Aggravating circumstances
12 shall be limited to the following:
13 * * *
14 (18) At the time of the killing the defendant was
15 subject to a court order restricting in any way the
16 defendant's behavior toward the victim pursuant to 23 Pa.C.S.
17 Ch. 61 (relating to protection from abuse), or any other
1 order of court A COURT OF COMMON PLEAS OR OF THE MINOR <--
2 JUDICIARY designed in whole or in part to protect the victim
3 from the defendant.
4 * * *
5 Section 2. This act shall take effect immediately. <--
6 SECTION 2. SECTION 9771(A) OF TITLE 42 IS AMENDED TO READ: <--
7 § 9771. MODIFICATION OR REVOCATION OF ORDER OF PROBATION.
8 (A) GENERAL RULE.--THE COURT MAY AT ANY TIME TERMINATE
9 CONTINUED SUPERVISION OR LESSEN OR INCREASE THE CONDITIONS UPON
10 WHICH AN ORDER OF PROBATION HAS BEEN IMPOSED. THE COURT MAY,
11 WITH THE WRITTEN AGREEMENT OF THE DEFENDANT, EXTEND THE TIME
12 PERIOD OF THE PROBATION TO ENABLE THE DEFENDANT TO COMPLY WITH
13 THE CONDITIONS OF THE PROBATION.
14 * * *
15 SECTION 3. THE FOLLOWING ACTS AND PARTS OF ACTS ARE
16 REPEALED:
17 SECTION 4 OF THE ACT OF JUNE 29, 1990 (P.L.257, NO.59),
18 ENTITLED "AN ACT AMENDING TITLE 42 (JUDICIARY AND JUDICIAL
19 PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER
20 PROVIDING FOR DEPOSITS INTO THE JUDICIAL COMPUTER SYSTEM
21 AUGMENTATION ACCOUNT; IMPOSING ADDITIONAL FEES; AND MAKING
22 REFUNDS."
23 42 PA.C.S. § 3733(B).
24 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
25 (1) THE AMENDMENT OF 42 PA.C.S. § 9771(A) SHALL TAKE
26 EFFECT IN 60 DAYS.
27 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
28 IMMEDIATELY.
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