PRINTER'S NO. 760
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
687
Session of
2021
INTRODUCED BY REGAN, LANGERHOLC, LAUGHLIN, PHILLIPS-HILL,
MARTIN, MENSCH, HUTCHINSON, PITTMAN AND MASTRIANO,
MAY 14, 2021
REFERRED TO JUDICIARY, MAY 14, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentences for certain drug offenses committed
with firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9712.1(c) and (e) of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 9712.1. Sentences for certain drug offenses committed with
firearms.
* * *
(c) [Proof at sentencing.--Provisions of this section shall
not be an element of the crime, and notice thereof to the
defendant shall 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. The applicability of this section shall be
determined at sentencing. The court shall consider any evidence
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
presented at trial and shall afford the Commonwealth and the
defendant an opportunity to present any necessary additional
evidence and shall determine, by a preponderance of the
evidence, if this section is applicable.] Application of
mandatory minimum penalty.--Any provision of this section that
requires imposition of a mandatory minimum sentence shall
constitute an element enhancing the underlying offense. Any
enhancing element must be proven beyond a 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 then also decide
whether any enhancing element has been proven.
* * *
(e) Appeal by Commonwealth.--[If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. 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 it finds that the
sentence was imposed in violation of this section.] If the fact-
finder has found any 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. If the appellate court finds that the mandatory
sentencing provision was applicable, the court shall vacate the
sentence and remand the case for resentencing in accordance with
that provision.
* * *
Section 2. This act shall take effect in 60 days.
20210SB0687PN0760 - 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