Bill Text: PA HB2507 | 2011-2012 | Regular Session | Amended

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Bill Title: Providing for sentencing for offenses committed in association with a criminal street gang.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-10-15 - Laid on the table [HB2507 Detail]

Download: Pennsylvania-2011-HB2507-Amended.html

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PRIOR PRINTER'S NO. 3819 PRINTER'S NO. 4088
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2507 Session of2012
INTRODUCED BY TOOHIL, KAVULICH, BAKER, BOBACK, CALTAGIRONE, COHEN, D. COSTA, DAVIDSON, DEASY, DeLUCA, FLECK, GILLESPIE, GINGRICH, GOODMAN, GROVE, HESS, HICKERNELL, HORNAMAN, KILLION, MAJOR, MILLARD, MOUL, MUNDY, MURT, READSHAW, ROSS, SANTONI, SAYLOR, SCHMOTZER, STEPHENS, TAYLOR, GEIST AND BRENNAN, JUNE 25, 2012
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2012
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for sentencing
for offenses committed in association with a criminal street
gang.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9720.3. Sentencing for offenses committed in association with
a criminal street gang.
(a) Sentencing enhancement.--The Pennsylvania Commission on <--
Sentencing shall provide for a sentence enhancement for the
following:
(1) Where a person commits a crime of violence or a
violation of section 13(a)(30) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, if the offense was knowingly
committed at the direction of or for the purpose of
benefiting, promoting or furthering the interests of a
criminal street gang.
(2) Where a person causes, encourages, recruits,
solicits or coerces another to join, participate in or assist
a criminal street gang in committing any criminal offense
that is defined as a crime of violence or a violation of
section 13(a)(30) of The Controlled Substance, Drug, Device
and Cosmetic Act.
(3) Where a person communicates, directly or indirectly,
to another person a threat of injury or damage to the person
or property of that person or to an associate or relative of
that person with the intent to do either of the following:
(i) Deter the other person from assisting a gang
member or associate of a gang to withdraw from the gang.
(ii) Punish or retaliate against the other person
for having withdrawn from a gang.
(b) Proof at sentencing.--The provisions of this section
shall not be an element of the crime and notice of the
provisions of this section 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.
(c) Applicability.--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.
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(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Crime of violence." An offense under any of the following:
(1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
(2) 18 Pa.C.S. Ch. 26 (relating to crimes against unborn
child).
(3) 18 Pa.C.S. Ch. 27 (relating to assault).
(4) 18 Pa.C.S. § 2901 (relating to kidnapping).
(5) 18 Pa.C.S. Ch. 31 (relating to sexual offenses).
(6) 18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(7) 18 Pa.C.S. § 3301(a) (relating to arson and related
offenses).
(8) 18 Pa.C.S. § 3502 (relating to burglary), if at the
time of the offense the structure entered was adapted for
overnight accommodation.
(9) 18 Pa.C.S. § 3701 (relating to robbery).
(10) 18 Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(11) An offense under 18 Pa.C.S. Ch. 49, Subch. B
(relating to victim and witness intimidation), involving a
witness to or a victim of a violation of any offense
enumerated under this definition.
(12) A crime equivalent to one listed under this
subsection under the laws of this Commonwealth in effect at
the time of the commission of the offense.
(13) A crime equivalent to one listed under this
subsection under Federal law or in a jurisdiction outside
this Commonwealth.
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(14) A criminal attempt, conspiracy or solicitation to
commit an offense enumerated under this subsection.
(a) Sentencing enhancement.--The Pennsylvania Commission on <--
Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to
adoption of guidelines for sentencing), shall provide for a
sentence enhancement for gang-related crimes, if any one of the
following applies:
(1) A gang-related crime was knowingly committed at the
direction of or for the purpose of benefiting, promoting or
furthering the interests of a criminal street gang.
(2) The person causes, encourages, recruits, solicits or
coerces another to assist a criminal street gang in the
commission of a gang-related crime or to participate in the
commission of a gang-related crime with a criminal street
gang.
(3) The person communicates, directly or indirectly, a
threat of the commission of a gang-related crime and the
intent of the threat is to:
(i) deter another person or a relative or associate
of another person from helping a member or associate of a
criminal street gang to withdraw from a gang; or
(ii) punish another person or deter another person
or a relative or associate of another person from
withdrawing from a criminal street gang.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Criminal street gang." A formal or informal confederation,
alliance, network, conspiracy, understanding or similar
conjoining of persons who operate individually or collectively
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as a group or subgroup, with or without an established
hierarchy, that, through its membership obtained by pledge,
oath, swearing, ritual, distinct membership markings, symbolism,
common identifiers or other criteria that law enforcement
personnel use to identify the groups or subgroups, engages in
criminal activity.
"Gang-related crime." Any of the following: <--
(1) Section 13(a)(30) of the act of April 14, 1972 (P.L.
233, No.64), known as The Controlled Substance, Drug, Device
and Cosmetic Act.
(2) Any of the following provisions under 18 Pa.C.S.
(relating to crimes and offenses):
(i) Section 2502 (relating to murder).
(ii) Section 2503 (relating to voluntary
manslaughter).
(iii) Section 2506 (relating to drug delivery
resulting in death).
(iv) Section 2507(a) or (b) (relating to criminal
homicide of law enforcement officer).
(v) Section 2701(a)(3) (relating to simple assault).
(vi) Section 2702 (relating to aggravated assault).
(vii) Section 2702.1 (relating to assault of law
enforcement officer).
(viii) Section 2901 (relating to kidnapping).
(ix) Section 3121 (relating to rape).
(x) Section 3123 (relating to involuntary deviate
sexual intercourse).
(xi) Section 3124.1 (relating to sexual assault).
(xii) Section 3125 (relating to aggravated indecent
assault).
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(xiii) Section 3301(a) (relating to arson and
related offenses).
(xiv) Section 3502(a)(1) or (2) (relating to
burglary).
(xv) Section 3701 (relating to robbery).
(xiv) Section 3702 (relating to robbery of a motor
vehicle).
(xv) Section 4952 (relating to intimidation of
witnesses or victims), if the offense involved a victim
or witness to a gang-related crime.
(xvi) Section 4953 (relating to retaliation against
witness, victim or party), if the offense involved a
witness, victim or party of a gang-related crime.
(3) A criminal attempt, solicitation or conspiracy to
commit an offense set forth in paragraph (1) or (2).
(4) A crime equivalent to an offense set forth in
paragraph (1), (2) or (3) under the laws of this Commonwealth
in effect at the time of the commission of the offense.
(5) A crime equivalent to an offense set forth in
paragraph (1), (2) or (3) under Federal law or a jurisdiction
outside this Commonwealth.
Section 2. This act shall take effect in 60 days.
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