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                                                        PRINTER'S NO. 44

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 19 Session of 2007


        INTRODUCED BY D. EVANS, GERBER, CALTAGIRONE, MYERS, STURLA,
           WHEATLEY, WILLIAMS, BENNINGTON, BISHOP, COHEN, CRUZ, CURRY,
           FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN,
           PASHINSKI AND ROEBUCK, JANUARY 30, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for serious drug trafficking
     3     and violent repeat offenders not to possess, use,
     4     manufacture, control, sell or transfer firearms.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 6105.2.  Serious drug trafficking or violent repeat offenders
    10             not to possess, use, manufacture, control, sell or
    11             transfer firearms.
    12     (a)  Offense defined.--
    13         (1)  A person who has two prior convictions for
    14     qualifying criminal offenses arising from separate criminal
    15     transactions and who possesses, uses, manufactures, controls,
    16     sells or transfers a firearm in this Commonwealth commits a
    17     felony of the second degree.
    18         (2)  A person who has three or more prior convictions for

     1     qualifying criminal offenses arising from separate criminal
     2     transactions and who possesses, uses, manufactures, controls,
     3     sells or transfers a firearm in this Commonwealth commits a
     4     felony of the first degree.
     5     (b)  Mandatory minimum sentence.--
     6         (1)  A person convicted under subsection (a)(1) shall be
     7     sentenced to a minimum term of at least five years total
     8     confinement.
     9         (2)  A person convicted under subsection (a)(2) shall be
    10     sentenced to a minimum term of at least ten years total
    11     confinement.
    12     (c)  Notice.--Reasonable notice of the Commonwealth's
    13  intention to proceed under subsection (b) shall be provided to
    14  the defendant before sentencing.
    15     (d)  Authority of court in sentencing.--There shall be no
    16  authority in any court to impose on an offender to which this
    17  section is applicable a lesser sentence than provided for in
    18  this section or to place the offender on probation, parole, work
    19  release or prerelease or to suspend sentence. Nothing in this
    20  section shall prevent the sentencing court from imposing a
    21  sentence greater than provided in this section. Sentencing
    22  guidelines promulgated by the Pennsylvania Commission on
    23  Sentencing shall not supersede the mandatory sentences provided
    24  in this section.
    25     (e)  Appeal by Commonwealth.--If a sentencing court refuses
    26  to apply the sentencing provisions of subsection (b) where
    27  applicable, the Commonwealth shall have the right to appellate
    28  review of the action of the sentencing court. The appellate
    29  court shall vacate the sentence and remand the case to the
    30  sentencing court for imposition of a sentence in accordance with
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     1  subsection (b) if it finds that the sentence was imposed in
     2  violation of subsection (b).
     3     (f)  Definitions.--As used in this section, the following
     4  words and phrases shall have the meanings given to them in this
     5  subsection:
     6     "Firearm."  Any weapons as set forth in section 6105(i)
     7  (relating to persons not to possess, use, manufacture, control,
     8  sell or transfer firearms).
     9     "Prior conviction."  A plea of guilty, a plea of nolo
    10  contendere or a finding of guilt by a court entered before the
    11  commission of the current offense under subsection (a), whether
    12  or not sentence has been imposed or disposition ordered for the
    13  prior offense.
    14     "Qualifying criminal offense."  A serious crime of violence
    15  or serious drug trafficking offense.
    16     "Serious crime of violence."  Any offense set forth in 42
    17  Pa.C.S. § 9714(g) (relating to sentences for second and
    18  subsequent offenses).
    19     "Serious drug trafficking offense."  Any drug trafficking
    20  offense subject to the provisions of section 6314 (relating to
    21  sentencing and penalties for trafficking drugs to minors) or
    22  7508 (relating to drug trafficking sentencing and penalties), or
    23  an equivalent crime in another jurisdiction.
    24     Section 2.  This act shall take effect in 60 days.




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