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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STEPHENS, D. COSTA, GODSHALL, HACKETT, KAMPF, MARSICO, O'NEILL, SABATINA, TOEPEL, TRUITT, VEREB AND VULAKOVICH, APRIL 30, 2012 |
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| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 30, 2012 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, in firearms and other dangerous articles, further |
4 | providing for persons not to possess, use, manufacture, |
5 | control, sell or transfer firearms; and, in sentencing, |
6 | further providing for sentences for second and subsequent |
7 | offenses. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 6105(a.1)(1) of Title 18 of the |
11 | Pennsylvania Consolidated Statutes is amended to read: |
12 | § 6105. Persons not to possess, use, manufacture, control, sell |
13 | or transfer firearms. |
14 | * * * |
15 | (a.1) Penalty.-- |
16 | (1) A person convicted of a felony enumerated under |
17 | subsection (b) or a felony under the act of April 14, 1972 |
18 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
19 | Device and Cosmetic Act, or any equivalent Federal statute or |
20 | equivalent statute of any other state, who violates |
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1 | subsection (a) commits a felony of the second degree and |
2 | shall be sentenced to a minimum sentence of five years of |
3 | total confinement, notwithstanding any other provision of law |
4 | to the contrary, and shall not be eligible for parole, |
5 | probation, prerelease, work release or furlough prior to |
6 | completion of the minimum sentence. |
7 | * * * |
8 | Section 2. Section 9714(g) of Title 42, amended July 7, 2011 |
9 | (P.L.220, No.40), is amended to read: |
10 | § 9714. Sentences for second and subsequent offenses. |
11 | * * * |
12 | (g) Definition.--As used in this section, the term "crime of |
13 | violence" means murder of the third degree, voluntary |
14 | manslaughter, aggravated assault as defined in 18 Pa.C.S. § |
15 | 2702(a)(1) or (2) (relating to aggravated assault), rape, |
16 | involuntary deviate sexual intercourse, aggravated indecent |
17 | assault, incest, sexual assault, arson as defined in 18 Pa.C.S. |
18 | § 3301(a) (relating to arson and related offenses), kidnapping, |
19 | burglary of a structure adapted for overnight accommodation in |
20 | which at the time of the offense any person is present, robbery |
21 | as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) |
22 | (relating to robbery), or robbery of a motor vehicle, drug |
23 | delivery resulting in death as defined in 18 Pa.C.S. § 2506(a) |
24 | (relating to drug delivery resulting in death), possession, use, |
25 | manufacture, control, sale or transfer of firearms as defined in |
26 | 18 Pa.C.S. § 6105(a) (relating to persons not to possess, use, |
27 | manufacture, control, sell or transfer firearms) by a person |
28 | subject to penalties under 18 Pa.C.S. § 6105(a.1), or criminal |
29 | attempt, criminal conspiracy or criminal solicitation to commit |
30 | murder or any of the offenses listed above, or an equivalent |
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1 | crime under the laws of this Commonwealth in effect at the time |
2 | of the commission of that offense or an equivalent crime in |
3 | another jurisdiction. |
4 | Section 3. This act shall take effect in 60 days. |
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