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PRINTER'S NO. 2491
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1679
Session of
2015
INTRODUCED BY GREINER, MENTZER, ROZZI, BAKER, PICKETT,
B. MILLER, MILLARD, ZIMMERMAN, CUTLER, GROVE, READSHAW, FEE,
KAUFFMAN, A. HARRIS, HICKERNELL, MURT AND DeLUCA,
NOVEMBER 5, 2015
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 5, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in burglary and other criminal intrusion, further
providing for burglary; and, in sentencing, further providing
for sentences for second and subsequent offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3502 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 3502. Burglary.
* * *
(c.1) Mandatory minimum sentence.--
(1) Except as provided under paragraph (2), a person
convicted of an offense under subsection (a)(1) shall be
sentenced to a mandatory minimum term of imprisonment of no
less than five years.
(2) A person convicted of a second or subsequent offense
under subsection (a)(1) shall be sentenced to a mandatory
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minimum term of imprisonment of no less than 10 years.
* * *
Section 2. Section 9714(d) of Title 42 is amended to read:
§ 9714. Sentences for second and subsequent offenses.
* * *
(d) Proof at sentencing.--[Provisions of this section shall
not be an element of the crime and notice thereof to the
defendant shall not be required prior to conviction, but
reasonable] 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 sentencing court, prior to
imposing sentence on an offender under subsection (a), shall
have a complete record of the previous convictions of the
offender, copies of which shall be furnished to the offender. If
the offender or the attorney for the Commonwealth contests the
accuracy of the record, the court shall schedule a hearing and
direct the offender and the attorney for the Commonwealth to
submit evidence regarding the previous convictions of the
offender. The court shall then determine, by a preponderance of
the evidence, the previous convictions of the offender and, if
this section is applicable, shall impose sentence in accordance
with this section. Should a previous conviction be vacated and
an acquittal or final discharge entered subsequent to imposition
of sentence under this section, the offender shall have the
right to petition the sentencing court for reconsideration of
sentence if this section would not have been applicable except
for the conviction which was vacated.
* * *
Section 3. This act shall take effect in 60 days.
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