A05298
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
348
Session of
2017
INTRODUCED BY DeLUCA, GAINEY, TAYLOR, GODSHALL, MILLARD, BARRAR,
D. COSTA AND READSHAW, FEBRUARY 3, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentences for offenses committed with firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9712 9712(a) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
ยง 9712. Sentences for offenses committed with firearms.
(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 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
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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. The mandatory sentence imposed under this subsection
shall be imposed consecutively to any other sentence imposed by
the court.
(b) 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
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.
(c) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) [or], to place such offender on probation [or],
to suspend sentence or to impose the mandatory sentence
concurrent to any other sentence. Nothing in this section shall
prevent the sentencing court from imposing a sentence greater
than that provided in this section. Sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing shall
not supersede the mandatory sentences provided in this section.
(d) 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
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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.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." Any weapon, including a starter gun, which will
or is designed to or may readily be converted to expel a
projectile by the action of an explosive or the expansion of gas
therein.
"Replica of a firearm." An item that can reasonably be
perceived to be a firearm.
* * *
Section 2. This act shall take effect in 60 days.
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