PRIOR PRINTER'S NO. 1711
PRINTER'S NO. 2433
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
111
Session of
2021
INTRODUCED BY STEPHENS, DEASY, NEILSON, WHITE, C. WILLIAMS AND
THOMAS, JUNE 8, 2021
AS AMENDED, HOUSE OF REPRESENTATIVES, NOVEMBER 17, 2021
A RESOLUTION
Directing the Commission on Sentencing to conduct a thorough and
comprehensive study on the investigation, prosecution and
sentencing of violations of Pennsylvania Uniform Firearms Act
of 1995 in this Commonwealth.
WHEREAS, In 2020, there were 499 homicides in Philadelphia,
which was an increase of more than 40% from 2019, and just one
shy of the record for homicides in the city set in 1990; and
WHEREAS, In 2020, there were 434 fatal shootings in
Philadelphia; and
WHEREAS, In 2020, Philadelphia suffered the highest rate of
fatal shootings, 27.39 per 100,000 residents, among the 10
cities with populations greater than 1 million in the country;
and
WHEREAS, In 2020, there were more than 2,240 people shot in
the city, 40% more than police had previously recorded; and
WHEREAS, In 2020, more than 100 juveniles were shot in
Philadelphia; and
WHEREAS, As of May 3, 2021, Philadelphia homicides numbered
176, which represents a 39% increase from the same time last
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year; and
WHEREAS, As of May 3, 2021, there were 676 shootings in the
city of Philadelphia, which is a 37.4% increase from the same
time last year; and
WHEREAS, With 24.99 per 100,000 residents, Philadelphia
suffered the highest rate of fatal shootings among the 10 cities
with populations greater than 1 million in the country from
January 2021 through March 2021; and
WHEREAS, As of May 3, 2021, there have been 150 fatal
shootings in Philadelphia, and 65 juveniles have been shot in
Philadelphia this year; and
WHEREAS, In 1995, the Pennsylvania Uniform Firearms Act of
1995 was signed into law with the stated purpose of giving
support to law enforcement in the area of crime prevention and
control; and
WHEREAS, Violations of the Pennsylvania Uniform Firearms Act
of 1995 (VUFA offense) involve individuals who have been
convicted previously of an enumerated list of serious crimes and
then subsequently found to be in possession of a firearm despite
being statutorily prohibited from doing so; and
WHEREAS, The House of Representatives should be knowledgeable
about the procedure and process of handling VUFA offense cases
across this Commonwealth; and
WHEREAS, A review of the handling of VUFA offense cases in
the Commonwealth is necessary to determine if these cases are
being adequately handled under Pennsylvania law and if changes
are needed; therefore be it
RESOLVED, That the House of Representatives direct the
Commission on Sentencing to conduct a thorough and comprehensive
study on the investigation, prosecution and sentencing of
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violations of the Pennsylvania Uniform Firearms Act of 1995 in
this Commonwealth to:
(1) Ascertain all cases in the Commonwealth from 2015 to
2020 that included a VUFA offense under 18 Pa.C.S. Ch. 61
Subch. A.
(2) Identify how many VUFA offenses were later withdrawn
or dismissed, including at what procedural stage the case was
withdrawn or dismissed.
(3) Determine the sentence received for defendants
convicted on a VUFA-related charge in the last five years.
(4) Outline the sentencing guidelines for all of the
charges in the cases for defendants who were originally
charged with an VUFA offense under 18 Pa.C.S. Ch. 61 Subch. A
from 2015 to 2020.
(5) For an individual charged with a VUFA offense under
18 Pa.C.S. Ch. 61 Subch. A from 2015 to 2020, determine if
that individual was subsequently arrested for another VUFA
offense under 18 Pa.C.S. Ch. 61 Subch. A or a violent offense
within the last 5 years. A violent offense includes an act,
conspiracy or solicitation to commit any of the following
offenses under 18 Pa.C.S.:
(i) Section 2501 (relating to criminal homicide).
(ii) Section 2702 (relating to aggravated assault).
(iii) Section 2702.1 (relating to assault of law
enforcement officer).
(iv) Section 2703 (relating to assault by prisoner).
(v) Section 2703.1 (relating to aggravated
harassment by prisoner).
(vi) Section 2718 (relating to strangulation).
(vii) Section 3121 (relating to rape).
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(viii) Section 3123 (relating to involuntary deviate
sexual intercourse).
(ix) Section 3124.1 (relating to sexual assault).
(x) Section 3124.2 (relating to institutional sexual
assault).
(xi) Section 3125 (relating to aggravated indecent
assault).
(xii) Section 3126 (relating to indecent assault).
(xiii) Section 3301 (relating to arson and related
offenses).
(xiv) Section 5501 (relating to riot).
(6) For individuals sentenced to probation or granted
parole following a VUFA conviction under 18 Pa.C.S. Ch. 61
Subch. A, determine if any individuals subsequently violated
the terms of supervision for any reason in the last five
years following sentencing or parole;
and be it further
RESOLVED, That the Commission on Sentencing report to the
House of Representatives on its activities, findings and
recommendations no later than December 31, 2021 JUNE 30, 2022;
and be it further
RESOLVED, That, following the House of Representatives
receipt of this report, the Judiciary Committee of the House of
Representatives shall have the power to conduct hearings to
elicit testimony, documents and other evidence related to the
findings of the report.
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