PRINTER'S NO. 1721
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1368
Session of
2017
INTRODUCED BY RABB, V. BROWN, ROZZI, J. HARRIS, SCHWEYER,
BULLOCK, DONATUCCI, McCLINTON AND KINSEY, MAY 11, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
classes of offenses; in authorized disposition of offenders,
further providing for sentence of imprisonment for
misdemeanors; and, in sentencing, providing for modification
of sentences for certain misdemeanors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 106(b)(8) and (d) and 1104 of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
§ 106. Classes of offenses.
* * *
(b) Classification of crimes.--
* * *
(8) A crime is a misdemeanor of the third degree if it
is so designated in this title or if a person convicted
thereof may be sentenced to a term of imprisonment, the
maximum of which is not more than [one year] three hundred
sixty four days.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
* * *
(d) Other crimes.--
(1) Any offense declared by law to constitute a crime,
without specification of the class thereof, and for which the
law declares a term of imprisonment of one year or not to
exceed one year, the phrase "one year" as used in that law
shall mean 364 days.
(2) Any offense declared by law to constitute a crime,
without specification of the class thereof, is a misdemeanor
of the second degree, if the maximum sentence does not make
it a felony under this section.
* * *
§ 1104. Sentence of imprisonment for misdemeanors.
A person who has been convicted of a misdemeanor may be
sentenced to imprisonment for a definite term which shall be
fixed by the court and shall be not more than:
(1) Five years in the case of a misdemeanor of the first
degree.
(2) Two years in the case of a misdemeanor of the second
degree.
(3) [One year] Three hundred sixty four days in the case
of a misdemeanor of the third degree.
Section 2. Title 42 is amended by adding a section to read:
§ 9778. Modification of sentences for certain misdemeanors.
(a) General rule.--A person who was convicted of a
misdemeanor of the third degree or an ungraded misdemeanor
before July 1, 2017, and sentenced to a term of imprisonment of
one year or not to exceed one year, may file a petition with a
court of common pleas requesting that the court order that the
person's original sentence be modified to a sentence of 364 days
20170HB1368PN1721 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or not to exceed 364 days, as applicable.
(b) Right of modification.--No person has a right to
modification of a sentence under this section.
Section 3. This act shall take effect in 60 days.
20170HB1368PN1721 - 3 -
1
2
3
4