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PRINTER'S NO. 4439
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2898
Session of
2020
INTRODUCED BY RABB, HILL-EVANS, HANBIDGE, GALLOWAY, HOWARD,
KINSEY, GREEN AND SANCHEZ, SEPTEMBER 29, 2020
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 29, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for contents of presentence report, for
modification or revocation of order of probation and for
modification or revocation of county intermediate punishment
sentence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 9732, 9771(d) and 9773(b) of Title 42 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 9732. Contents of presentence report.
The presentence report shall include a summary of the
circumstances attending the commission of the crime, the history
of delinquency or criminality, physical and mental condition,
family situation and background including the extent to which
the defendant provides financial, child care or other support
for a minor or family member, economic status, education,
occupation and personal habits of the defendant, any history of
drug or alcohol abuse or addiction and any other matters that
the person preparing the report deems relevant or that the court
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directs be included.
§ 9771. Modification or revocation of order of probation.
* * *
(d) Hearing required.--There shall be no revocation or
increase of conditions of sentence under this section except
after a hearing at which the court shall consider the record of
the sentencing proceeding together with evidence of the conduct
of the defendant while on probation[.] and the extent to which
the defendant provides financial, child care or other support
for a minor or family member. Probation may be eliminated or the
term decreased without a hearing.
§ 9773. Modification or revocation of county intermediate
punishment sentence.
* * *
(b) Revocation.--The court may revoke a sentence of county
intermediate punishment upon proof of a violation of specific
conditions of the sentence. Upon revocation and subject to
section 9763(d), the sentencing alternatives available to the
court shall be the same as the alternatives available at the
time of initial sentencing. Upon a revocation of county
intermediate punishment for any reason specified by law, the
attorney for the Commonwealth may file notice, at any time prior
to resentencing, of the Commonwealth's intention to proceed
under an applicable provision of law requiring a mandatory
minimum sentence. Consideration shall be given to the time
served in the county intermediate punishment program[.] and to
the extent to which the defendant provides financial, child care
or other support for a minor or family member .
* * *
Section 2. This act shall take effect in 60 days.
20200HB2898PN4439 - 2 -
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