AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in sentencing, further
3providing for sentences for offenses committed with firearms
4and for sentences for second and subsequent offenses.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 9712(a) of Title 42 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 9712. Sentences for offenses committed with firearms.

10(a) Mandatory sentence.--Except as provided under section
119716 (relating to two or more mandatory minimum sentences
12applicable), any person who is convicted in any court of this
13Commonwealth of a crime of violence as defined in section
149714(g) (relating to sentences for second and subsequent
15offenses), shall, if the person [visibly] possessed a firearm
16[or] during the commission of the offense, regardless of whether
 

1it was loaded or functional, or the person <-visibly possessed a
2replica of a firearm[, whether or not the firearm or replica was
3loaded or functional,] that placed the victim in reasonable fear
4of death or serious bodily injury, during the commission of the
5offense, be sentenced to a minimum sentence of at least five
6years of total confinement notwithstanding any other provision
7of this title or other statute to the contrary. Such persons
8shall not be eligible for parole, probation, work release or
9furlough.

10* * *

11Section 2. Section 9714(g) of Title 42, amended October <-25, 
122012 (P.L.1655, No.204) February 25, 2014 (P.L.33, No.16)<-, is
13amended to read:

14§ 9714. Sentences for second and subsequent offenses.

15* * *

16(g) Definition.--As used in this section, the term "crime of 
17violence" means murder of the third degree, voluntary 
18manslaughter, manslaughter of a law enforcement officer as 
19defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal 
20homicide of law enforcement officer), murder of the third degree 
21involving an unborn child as defined in 18 Pa.C.S. § 2604(c) 
22(relating to murder of unborn child), aggravated assault of an 
23unborn child as defined in 18 Pa.C.S. § 2606 (relating to 
24aggravated assault of unborn child), aggravated assault as 
25defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to 
26aggravated assault), assault of law enforcement officer as 
27defined in 18 Pa.C.S. § 2702.1 (relating to assault of law 
28enforcement officer), use of weapons of mass destruction as 
29defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass 
30destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
 

1(relating to terrorism), trafficking of persons when the offense 
2is graded as a felony of the first degree as provided in 18 
3Pa.C.S. § 3002 (relating to trafficking of persons), rape, 
4involuntary deviate sexual intercourse, aggravated indecent 
5assault, incest, sexual assault, arson endangering persons or<- 
6aggravated arson as defined in 18 Pa.C.S. § 3301(a) <-or (a.1) 
7(relating to arson and related offenses), ecoterrorism as 
8classified in 18 Pa.C.S. § 3311(b)(3) (relating to 
9ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 
103502(a)(1) (relating to burglary), robbery as defined in 18 
11Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or 
12robbery of a motor vehicle, drug delivery resulting in death as 
13defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery 
14resulting in death), possession, use, manufacture, control, sale 
15or transfer of firearms as defined in 18 Pa.C.S. § 6105(a) 
16(relating to persons not to possess, use, manufacture, control, 
17sell or transfer firearms) by a person subject to penalties 
18under 18 Pa.C.S. § 6105(a.1)(1), or criminal attempt, criminal 
19conspiracy or criminal solicitation to commit murder or any of 
20the offenses listed above, or an equivalent crime under the laws 
21of this Commonwealth in effect at the time of the commission of 
22that offense or an equivalent crime in another jurisdiction.

23Section 3. This act shall take effect in 60 days.