| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 3422, 3484 | PRINTER'S NO. 4082 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STEPHENS, D. COSTA, GODSHALL, HACKETT, KAMPF, MARSICO, O'NEILL, SABATINA, TOEPEL, TRUITT, VEREB, VULAKOVICH, CALTAGIRONE, SWANGER, MARSHALL, FARRY, KORTZ AND GALLOWAY, APRIL 30, 2012 |
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| SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, SEPTEMBER 25, 2012 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and | <-- |
2 | Judicial Procedure) Title 18 (Crimes and Offenses) of the | <-- |
3 | Pennsylvania Consolidated Statutes, in firearms and other |
4 | dangerous articles, further providing for persons not to |
5 | possess, use, manufacture, control, sell or transfer |
6 | firearms; and, in sentencing, further providing for sentences | <-- |
7 | for second and subsequent offenses. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 6105(a.1)(1) of Title 18 of the |
11 | Pennsylvania Consolidated Statutes is amended to read: |
12 | § 6105. Persons not to possess, use, manufacture, control, sell |
13 | or transfer firearms. |
14 | * * * |
15 | (a.1) Penalty.-- |
16 | (1) A person convicted of a felony enumerated under |
17 | subsection (b) or a felony under the act of April 14, 1972 |
18 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
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1 | Device and Cosmetic Act, or any equivalent Federal statute or |
2 | equivalent statute of any other state, who violates |
3 | subsection (a) commits [a felony of the second degree and | <-- |
4 | shall be sentenced to a minimum sentence of five years of |
5 | total confinement, notwithstanding any other provision of law |
6 | to the contrary, and shall not be eligible for parole, |
7 | probation, prerelease, work release or furlough prior to |
8 | completion of the minimum sentence..]: | <-- |
9 | (i) A felony of the second degree for a first |
10 | offense. |
11 | (ii) A felony of the first degree for a second or |
12 | subsequent offense. The Pennsylvania Commission on |
13 | Sentencing pursuant to 42 Pa.C.S. § 2154 (relating to |
14 | adoption of guidelines for sentencing) shall provide for |
15 | a sentencing enhancement for a second or subsequent |
16 | offense. In providing for a sentencing enhancement the |
17 | commission may include factors, such as whether the |
18 | firearm was loaded or unloaded at the time of the |
19 | offense. |
20 | * * * |
21 | Section 2. Section 9714(g) of Title 42, amended July 7, 2011 | <-- |
22 | (P.L.220, No.40), is amended to read: |
23 | § 9714. Sentences for second and subsequent offenses. |
24 | * * * |
25 | (g) Definition.--As used in this section, the term "crime of |
26 | violence" means murder of the third degree, voluntary |
27 | manslaughter, aggravated assault as defined in 18 Pa.C.S. § |
28 | 2702(a)(1) or (2) (relating to aggravated assault), rape, |
29 | involuntary deviate sexual intercourse, aggravated indecent |
30 | assault, incest, sexual assault, arson as defined in 18 Pa.C.S. |
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1 | § 3301(a) (relating to arson and related offenses), kidnapping, |
2 | burglary of a structure adapted for overnight accommodation in |
3 | which at the time of the offense any person is present, robbery |
4 | as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) |
5 | (relating to robbery), or robbery of a motor vehicle, drug |
6 | delivery resulting in death as defined in 18 Pa.C.S. § 2506(a) |
7 | (relating to drug delivery resulting in death), possession, use, |
8 | manufacture, control, sale or transfer of firearms as defined in |
9 | 18 Pa.C.S. § 6105(a) (relating to persons not to possess, use, |
10 | manufacture, control, sell or transfer firearms) by a person |
11 | subject to penalties under 18 Pa.C.S. § 6105(a.1)(1), or |
12 | criminal attempt, criminal conspiracy or criminal solicitation |
13 | to commit murder or any of the offenses listed above, or an |
14 | equivalent crime under the laws of this Commonwealth in effect |
15 | at the time of the commission of that offense or an equivalent |
16 | crime in another jurisdiction. |
17 | Section 3 2. This act shall take effect in 60 days. | <-- |
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