PRINTER'S NO. 102
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
137
Session of
2021
INTRODUCED BY ROTHMAN, JANUARY 12, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 12, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for definitions and for sentencing procedure for
murder of the first degree.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9702 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 9702. Definitions.
[As used in this chapter "court" and "judge" include (when
exercising criminal or quasi-criminal jurisdiction pursuant to
section 1515 (relating to jurisdiction and venue)) a magisterial
district judge.]
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"College." Any of the following:
(1) An institution created prior to, on or after the
effective date of this definition under any of the following:
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(i) Article XIX-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
(ii) The act of August 24, 1963 (P.L.1132, No.484),
known as the Community College Act of 1963.
(2) An independent institution of higher education that
is an institution of higher education located in this
Commonwealth and incorporated or chartered by the
Commonwealth, entitled to:
(i) confer degrees under 24 Pa.C.S. § 6505 (relating
to power to confer degrees); and
(ii) apply to itself the designation "college,"
"university" or "seminary" as provided for by standards
and qualifications prescribed by the State Board of
Education under 24 Pa.C.S. Ch. 65 (relating to private
colleges, universities and seminaries).
(3) A State-owned institution.
(4) A State-related institution.
(5) An education enterprise.
"Court" or "judge." The term shall include, when exercising
criminal or quasi-criminal jurisdiction under section 1515
(relating to jurisdiction and venue), a magisterial district
judge.
"Elementary or secondary school." In the buildings of, on
the grounds of or on or in a conveyance providing transportation
to or from any of the following:
(1) An elementary or secondary publicly funded
educational institution.
(2) An elementary or secondary private school licensed
by the Department of Education.
(3) An elementary or secondary parochial school.
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"Government office." The place of business of any of the
following:
(1) The Governor and the departments, boards,
commissions, authorities and officers and agencies of the
Commonwealth or other instrumentalities of the Commonwealth.
(2) The General Assembly and its officers and agencies.
(3) A political subdivision, municipality or other local
authority and the departments, boards, commissions,
authorities and officers and agencies of the political
subdivision or other instrumentality of the political
subdivision.
(4) A court or other officer or agency of the unified
judicial system or instrumentality of the court or unified
judicial system.
"Place of worship." In the buildings of or on the grounds of
a church, synagogue, mosque or other regularly established place
of meeting of a religious institution or religious organization.
"Professional sports facility." A stadium, arena or other
place owned or leased by a professional sports organization at
which a professional athletic event is conducted in the presence
of individuals who pay admission to view the event.
Section 2. Section 9711(d) of Title 42 is amended by adding
a paragraph to read:
§ 9711. Sentencing procedure for murder of the first degree.
* * *
(d) Aggravating circumstances.--Aggravating circumstances
shall be limited to the following:
* * *
(19) The defendant committed the killing on the premises
of an elementary or secondary school, college, place of
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worship, professional sports facility or government office.
* * *
Section 3. This act shall take effect in 60 days.
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