PRINTER'S NO. 1761
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1587
Session of
2021
INTRODUCED BY A. BROWN, KAUFFMAN, KINSEY, ISAACSON, T. DAVIS,
STEPHENS, ORTITAY, PISCIOTTANO, BURNS, ROWE, HEFFLEY,
R. BROWN, PARKER, MARKOSEK, McNEILL, MALAGARI, FITZGERALD,
DALEY, GROVE, ECKER, SAYLOR, YOUNG, BERNSTINE, WHITE, IRVIN
AND C. WILLIAMS, JUNE 10, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 2021
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in assault, providing for arrests of previously
convicted persons possessing firearms in a subsequent
offense; and, in sentencing, providing for sentences for
previously convicted persons possessing firearms in a
subsequent offense.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2711.1. Arrests of previously convicted persons possessing
firearms in a subsequent offense.
(a) General rule.--An arresting officer may not release a
person from custody prior to taking the person to appear before
the issuing authority if:
(1) the person is arrested for committing any
misdemeanor or felony offense while knowingly in physical
possession or control of a firearm, whether visible,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
concealed about the person or within the person's reach,
during the commission of the offense; and
(2) prior to the arrest, the person was convicted of an
offense enumerated under section 6105(b) (relating to p ersons
not to possess, use, manufacture, control, sell or transfer
firearms ) or adjudicated delinquent by a court as a result of
conduct which, if committed by an adult, would constitute an
offense under section 6105(b) within the prior five years,
excluding time spent confined to a State or county
correctional institution or juvenile detention center.
(b) Minimum requirements.--Notwithstanding 42 Pa.C.S. § 5702
(relating to bail to be governed by general rules) or any other
provision of rule or law, in determining whether to admit the
person to bail, the issuing authority may not permit the release
of a person subject to subsection (a) on the person's own
recognizance, under an unsecured monetary condition of release,
or on a deposit bail program administered by the county where
the offense occurred.
(c) Public safety to be assured.--Notwithstanding 42 Pa.C.S.
§ 5702 or any other provision of rule or law, the issuing
authority shall consider whether a person subject to subsection
(a) poses a threat of danger to any person and the community,
including the following:
(1) A finding by the issuing authority that there is
reasonable suspicion to believe that a person subject to
subsection (a) committed any of the following offenses while
knowingly in physical possession or control of a firearm,
whether visible, concealed about the person or within the
person's reach, shall be considered evident proof and great
presumption that no condition or combination of conditions
20210HB1587PN1761 - 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
other than imprisonment will reasonably assure the safety of
any person and the community:
(i) A crime of violence, as defined in 42 Pa.C.S. §
9714(g) (relating to sentences for second and subsequent
offenses).
(ii) An offense under sections 2701(a)(2) (relating
to simple assault), 4952 (relating to i ntimidation of
witnesses or victims ), 4953 (relating to r etaliation
against witness, victim or party ), 4953.1 (relating to
r etaliation against prosecutor or judicial official ) or
4958 (relating to i ntimidation, retaliation or
obstruction in child abuse cases ).
(iii) Any other offense resulting in death or
serious bodily injury, as defined in section 2301
(relating to definitions).
(2) A finding by the issuing authority that there is
reasonable suspicion to believe that a person subject to
subsection (a) committed a violation of a specific term of
the person's probation, parole or bail for a previous
offense, by knowingly being in physical possession or control
of a firearm, whether visible, concealed about the person or
within the person's reach, shall be considered evident proof
and great presumption that no condition or combination of
conditions other than imprisonment will reasonably assure the
safety of any person and the community.
(3) Notwithstanding a finding by the issuing authority
of evident proof under paragraph (1) or (2) that no condition
or combination of conditions other than imprisonment will
reasonably assure the safety of any person and the community,
the issuing authority may admit a person subject to
20210HB1587PN1761 - 3 -
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
subsection (a) to bail if, based on the totality of the
circumstances, the issuing authority concludes by a
preponderance of the evidence that the person does not pose a
threat of danger to any person and the community.
(d) Construction.--Nothing in this section shall be
construed to:
(1) Modify the presumption of innocence.
(2) Eliminate or limit the ability of a person to seek a
bail review hearing before the issuing authority or a court
of competent jurisdiction in accordance with any other
provision of law or rule of procedure.
Section 2. Title 42 is amended by adding a section to read:
§ 9712.2. Sentences for previously convicted persons possessing
firearms in a subsequent offense.
(a) Illegal possession of firearm following previous
conviction.--A person shall be sentenced to a minimum sentence
of total confinement as set forth in subsection (b),
notwithstanding any other provision of this title or other
statute to the contrary, if:
(1) the person is convicted under 18 Pa.C.S. § 6105(a)
(1) (relating to p ersons not to possess, use, manufacture,
control, sell or transfer firearms ); and
(2) prior to this conviction, the person was convicted
of:
(i) an offense under 18 Pa.C.S. § 6105(a)(1) within
the prior five years, excluding time spent confined to a
State or county correctional institution; or
(ii) an offense enumerated under 18 Pa.C.S. §
6105(b) within the prior five years, excluding time spent
confined to a State or county correctional institution.
20210HB1587PN1761 - 4 -
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
(b) Minimum sentence for illegal possession of firearm
following a previous conviction.--
(1) A person who previously has been convicted under 18
Pa.C.S. § 6105(a)(1) or an offense enumerated under 18
Pa.C.S. § 6105(b) shall be sentenced to no less than two
years' imprisonment.
(2) A person who previously has been convicted under 18
Pa.C.S. § 6105(a)(1) and an offense enumerated under 18
Pa.C.S. § 6105(b) shall be sentenced to no less than five
years' imprisonment.
(3) A person who previously has been convicted under 18
Pa.C.S. § 6105(a)(1) two or more times shall be sentenced to
no less than five years' imprisonment.
(4) A person who previously has been convicted under 18
Pa.C.S. § 6105(a)(1) two or more times and an offense
enumerated under 18 Pa.C.S. § 6105(b) shall be sentenced to
no less than 10 years' imprisonment.
(c) Possession of illegal firearm during subsequent
offense.--A person shall be sentenced to a minimum sentence of
total confinement as set forth in subsection (d),
notwithstanding any other provision of this title or other
statute to the contrary, if the person was knowingly in physical
possession or control of a firearm, whether visible, concealed
about the person or within the person's reach, during the
commission of the offense, and the following:
(1) the person is convicted of an offense set forth in
subsection (d); and
(2) the person either:
(i) previously was convicted of an offense
enumerated under 18 Pa.C.S. § 6105(b) within the prior
20210HB1587PN1761 - 5 -
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
five years, excluding time spent confined to a State or
county correctional institution; or
(ii) committed the offense while on probation,
parole or bail.
(d) Minimum sentence for possession of illegal firearm
during subsequent offense.--
(1) For a crime of violence, as defined in section
9714(g) (relating to sentences for second and subsequent
offenses), or 18 Pa.C.S. §§ 2701(a)(2) (relating to simple
assault), 4952 (relating to i ntimidation of witnesses or
victims ), 4953 (relating to r etaliation against witness,
victim or party ), 4953.1 (relating to r etaliation against
prosecutor or judicial official ) or 4958 (relating to
i ntimidation, retaliation or obstruction in child abuse
cases ), no less than 10 years' imprisonment.
(2) For any other crime resulting in death or serious
bodily injury, as defined in 18 Pa.C.S. § 2301 (relating to
definitions), no less than one-half of the statutory maximum
term of imprisonment applicable to the offense for which
sentence is being imposed or two years' imprisonment,
whichever is higher.
(e) Early release.--A person sentenced under this section
may not be eligible for parole, probation, work release,
furlough or other form of release prior to the expiration of the
person's mandatory sentence.
(f) Application of mandatory minimum penalty.--
(1) For any provision of this section that requires
imposition of a mandatory minimum sentence based on a fact
that is not an element of the underlying offense or a prior
conviction, the enhancing element must be proven beyond a
20210HB1587PN1761 - 6 -
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
reasonable doubt at trial on the underlying offense and must
be submitted to the fact-finder for deliberation together
with the underlying offense. If the fact-finder finds the
defendant guilty of the underlying offense, the fact-finder
shall decide whether any enhancing element has been proven.
(2) For any other provision of this section that
requires imposition of a mandatory minimum sentence, the
enhancing element may not be an element of the crime and
notice thereof to the defendant may not be required prior to
conviction, but reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided
after conviction and before sentencing.
(3) The applicability of this section shall be
determined at sentencing. The sentencing court, prior to
imposing sentence on an offender under this section, 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 Commonwealth contests the accuracy of
the record, the court shall schedule a hearing and direct the
offender and the Commonwealth to submit evidence regarding
the previous convictions of the offender. The court shall
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. If a previous conviction is 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
the sentence if this section would not have been applicable
except for the conviction which was vacated.
20210HB1587PN1761 - 7 -
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
(g) Appeal by Commonwealth.--If a sentencing court fails to
apply this section where applicable, including if the fact-
finder has found an enhancing element and a sentencing court
imposes a sentence below the mandatory minimum sentence, the
Commonwealth shall have the right to appellate review of the
sentence. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a
sentence in accordance with this section if the court finds that
the sentence was imposed in violation of this section.
Section 3. This act shall expire four years after the
effective date of this section, except with respect to any
matters still pending in a court of competent jurisdiction, on
appeal or subject to post-conviction review in a Federal or
State court.
Section 4. This act shall take effect immediately.
20210HB1587PN1761 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15