THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MURPHY, DeLUCA, FABRIZIO, HORNAMAN, KNOWLES, KORTZ, MICOZZIE, MOUL, MURT, PYLE, SANTARSIERO, SCHRODER, K. SMITH AND VULAKOVICH, FEBRUARY 10, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

sentences for offenses against infant persons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9718 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 9718.  Sentences for offenses against infant persons.

(a)  Mandatory sentence.--

(1)  A person convicted of the following offenses when

the victim is under [16] 13 years of age shall be sentenced

to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated

assault) - not less than two years.

18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating

to rape) - not less than ten years.

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse) - not less than ten years.

18 Pa.C.S. § 3125(a)(1) through (6) (relating to

aggravated indecent assault) - not less than five years.

(2)  A person convicted of the following offenses when

the victim is less than 13 years of age shall be sentenced to

a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2502(c) (relating to murder) - not less than

ten years, only as to murder in the third degree.

18 Pa.C.S. § 2503 (relating to voluntary manslaughter) -

not less than ten years.

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

death) - not less than five years.

18 Pa.C.S. § 2702(a)(1) - not less than five years.

(3)  A person convicted of the following offenses shall

be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 3121(c) and (d) - not less than ten years.

18 Pa.C.S. § 3125(a)(7) - not less than five years.

18 Pa.C.S. § 3125(b) - not less than ten years.

(b)  Eligibility for parole.--Parole shall not be granted

until the minimum term of imprisonment has been served.

(c)  Proof at sentencing.--The provisions of this section

shall not be an element of the crime, and notice of the

provisions of this section to the defendant shall not be

required prior to conviction, but reasonable notice of the

Commonwealth's intention to proceed under this section shall be

provided after conviction and before sentencing. The

applicability of this section shall be determined at sentencing.

The court shall consider any evidence presented at trial and

shall afford the Commonwealth and the defendant an opportunity

to present any necessary additional evidence and shall

determine, by a preponderance of the evidence, if this section

is applicable.

(d)  Authority of court in sentencing.--There shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsection (a) or to place the offender on probation or to

suspend sentence. Nothing in this section shall prevent the

sentencing court from imposing a sentence greater than that

provided in this section. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided in this section.

(e)  Appeal by Commonwealth.--If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.

Section 2.  Section 2506(b) of Title 18 is repealed insofar

as it is inconsistent with this act.

Section 3.  This act shall take effect in 60 days.