Please wait while the document is loaded.

A04245
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1855
Session of
2019
INTRODUCED BY BERNSTINE, SAINATO, KAUFFMAN, STEPHENS, SNYDER,
MILLARD, MOUL, DeLUCA, ZABEL, KEEFER, READSHAW, POLINCHOCK,
KAIL, JONES, MARSHALL, KORTZ, ROEBUCK, MUSTELLO, WHEELAND,
ROTHMAN, ORTITAY, SCHMITT, IRVIN, PICKETT, HELM, JOZWIAK,
GILLESPIE, BARRAR, GLEIM, EVERETT, BURNS, TOOHIL, GILLEN AND
NESBIT, SEPTEMBER 23, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 2019
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in Pennsylvania Board of Probation and
Parole, further providing for parole power.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6137(k) of Title 61 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
§ 6137. Parole power.
* * *
(f.1) Violent offenses while incarcerated.--The board may
not release on parole an inmate who commits a violent offense
while incarcerated A PERSON CONVICTED OF A VIOLENT OFFENSE
COMMITTED WHILE INCARCERATED for at least 24 months following
the expiration of the minimum term of imprisonment fixed by the
court or by the Board of Pardons in a sentence which has been
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
reduced by commutation or 24 months following the conviction,
whichever is longer.
(f.2) Obstruction of justice offenses while incarcerated.--
The board may not release on parole an inmate who commits an A
PERSON CONVICTED OF AN obstruction of justice offense COMMITTED
while incarcerated for at least 12 months following the
expiration of the minimum term of imprisonment fixed by the
court or by the Board of Pardons in a sentence which has been
reduced by commutation or 12 months following the conviction,
whichever is longer.
* * *
(k) Definitions.--The following words and phrases shall have
the meanings given to them in this subsection unless the context
clearly indicates otherwise:
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses).
"Eligible offender." As defined in section 4503 (relating to
definitions).
"Obstruction of justice offense." An act, conspiracy or
solicitation to commit any of the following offenses under 18
Pa.C.S. (relating to crimes and offenses):
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness,
victim or party).
Section 4958 (relating to intimidation, retaliation or
obstruction in child abuse cases).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
A04245 - 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
Section 5123 (relating to contraband).
"Violent offense." An act, conspiracy or solicitation to
commit any of the following offenses under 18 Pa.C.S.:
Section 2501 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2702.1 (relating to assault of law enforcement
officer).
Section 2703 (relating to assault by prisoner).
Section 2703.1 (relating to aggravated harassment by
prisoner).
Section 2718 (relating to strangulation).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual
assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3301 (relating to arson and related offenses).
Section 5501 (relating to riot).
Section 2. This act shall take effect in 60 days. The
addition of 61 Pa.C.S. § 6137(f.1) or (f.2) shall only apply to
individuals who are incarcerated for crimes committed on or
after the effective date of this section.
Section 3. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) This section.
(ii) Section 2.
(2) The remainder of this act shall take effect in 60
A04245 - 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
days.
A04245 - 4 -
1