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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY JOHNSON, WATERS, CALTAGIRONE, EACHUS, MUNDY, BELFANTI, CREIGHTON, JOSEPHS, PARKER, PAYTON, PRESTON, SIPTROTH, THOMAS AND WHEATLEY, SEPTEMBER 22, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 22, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for special |
3 | sentencing rules for certain youthful offenders; and imposing |
4 | duties on the Pennsylvania Commission on Crime and |
5 | Delinquency. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 42 of the Pennsylvania Consolidated |
9 | Statutes is amended by adding a section to read: |
10 | § 9720.3. Special sentencing rules for certain youthful |
11 | offenders. |
12 | (a) Abolition of life sentence without parole.-- |
13 | Notwithstanding any other provision of law to the contrary: |
14 | (1) A sentence of life imprisonment imposed after the |
15 | effective date of this section upon an offender who was under |
16 | 18 years of age at the time of commission of the offense |
17 | shall include the possibility of parole as provided in |
18 | subsection (b). |
19 | (2) Any person not covered by paragraph (1) who is |
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1 | serving a sentence of life imprisonment for an offense |
2 | committed while the person was under 18 years of age may |
3 | apply for resentencing and upon application shall receive a |
4 | life sentence that includes the possibility of parole as |
5 | provided in subsection (b). |
6 | (b) Parole.--Notwithstanding any other provision of law to |
7 | the contrary, a sentence of life imprisonment for an offense |
8 | committed by an offender who was under 18 years of age at the |
9 | time of commission of the offense shall include, at a minimum, a |
10 | provision permitting the offender to apply for parole at 31 |
11 | years of age and every three years thereafter. |
12 | (c) Annual statistics.--The Pennsylvania Commission on Crime |
13 | and Delinquency shall annually collect, assemble and publish |
14 | pertinent statistics relating to each youthful defendant tried |
15 | as an adult in criminal court during the preceding calendar |
16 | year, including, but not limited to: |
17 | (1) Demographic information such as age, race and sex of |
18 | the defendant. |
19 | (2) The manner by which the offender came to be tried as |
20 | an adult. |
21 | (3) The defendant's prior criminal record, if any. |
22 | (4) The outcome of the trial, including the precise |
23 | sentence received, if any. |
24 | Section 2. This act shall take effect in 60 days. |
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