THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY STEPHENS, R. BROWN, CALTAGIRONE, CARROLL, D. COSTA, DEASY, DeLUCA, FABRIZIO, FARRY, GIBBONS, GINGRICH, GODSHALL, GROVE, HESS, KAMPF, KORTZ, MARSHALL, MARSICO, MATZIE, R. MILLER, MILNE, MURT, NEILSON, O'BRIEN, READSHAW, SABATINA, SANTARSIERO, SIMMONS, SWANGER, THOMAS, TOEPEL, TRUITT, VEREB, WATSON, HACKETT, BRADFORD, PARKER, MOLCHANY AND SCAVELLO, JUNE 10, 2013
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 31, 2014
Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for sentences for offenses committed with firearms and for sentences for second and subsequent offenses.
(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses), shall, if the person [visibly] possessed a firearm [or] during the commission of the offense, regardless of whether it was loaded or functional, or the person visibly possessed a replica of a firearm[, whether or not the firearm or replica was loaded or functional,] that placed the victim in reasonable fear of death or serious bodily injury, during the commission of the offense, be sentenced to a minimum sentence of at least five years of total confinement notwithstanding any other provision of this title or other statute to the contrary. Such persons shall not be eligible for parole, probation, work release or furlough.
(g) Definition.--As used in this section, the term "crime of violence" means murder of the third degree, voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child), aggravated assault of an unborn child as defined in 18 Pa.C.S. § 2606 (relating to aggravated assault of unborn child), aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), assault of law enforcement officer as defined in 18 Pa.C.S. § 2702.1 (relating to assault of law enforcement officer), use of weapons of mass destruction as defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) (relating to terrorism), trafficking of persons when the offense is graded as a felony of the first degree as provided in 18 Pa.C.S. § 3002 (relating to trafficking of persons), rape, involuntary deviate sexual intercourse, aggravated indecent assault, incest, sexual assault, arson endangering persons or aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) (relating to arson and related offenses), ecoterrorism as classified in 18 Pa.C.S. § 3311(b)(3) (relating to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 3502(a)(1) (relating to burglary), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery of a motor vehicle, drug delivery resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in death), possession, use, manufacture, control, sale or transfer of firearms as defined in 18 Pa.C.S. § 6105(a) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) by a person subject to penalties under 18 Pa.C.S. § 6105(a.1)(1), convicted of a felony enumerated under 18 Pa.C.S. § 6105(b) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or a felony under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state punishable by a term of imprisonment exceeding two years, or criminal attempt, criminal conspiracy or criminal solicitation to commit murder or any of the offenses listed above, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction.
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