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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PETRI, BOBACK, BOYD, D. COSTA, CUTLER, EVERETT, HICKERNELL, HUTCHINSON, KILLION, MURT, O'NEILL, RAPP, READSHAW AND VULAKOVICH, FEBRUARY 8, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | sentences for offenses committed with firearms. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 9712(a) of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 9712. Sentences for offenses committed with firearms. |
9 | (a) Mandatory sentence.-- |
10 | (1) Except as provided under section 9716 (relating to |
11 | two or more mandatory minimum sentences applicable), any |
12 | person who is convicted in any court of this Commonwealth of |
13 | a crime of violence as defined in section 9714(g) (relating |
14 | to sentences for second and subsequent offenses), shall[, |
15 | if]: |
16 | (i) Be sentenced, notwithstanding any other |
17 | provision of this title or other statute, to a minimum |
18 | sentence of at least five years of total confinement, if |
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1 | the person visibly possessed a firearm or a replica of a |
2 | firearm, whether or not the firearm or replica was loaded |
3 | or functional, that placed the victim in reasonable fear |
4 | of death or serious bodily injury, during the commission |
5 | of the offense. [, be sentenced to a minimum sentence of |
6 | at least five years of total confinement notwithstanding |
7 | any other provision of this title or other statute to the |
8 | contrary.] |
9 | (ii) Be sentenced, notwithstanding any other |
10 | provision of this title or other statute, to a minimum |
11 | sentence of at least seven years of total confinement, if |
12 | the person: |
13 | (A) discharged a firearm during the commission |
14 | of the offense; or |
15 | (B) during the commission of the offense, |
16 | visibly possessed a firearm that the person knew or |
17 | had reason to know was stolen or had been sold, |
18 | delivered or transferred in violation of 18 Pa.C.S. § |
19 | 6111 (relating to sale or transfer of firearms). |
20 | [Such persons] (2) A person under paragraph (1) shall not be |
21 | eligible for parole, probation, work release or furlough. |
22 | * * * |
23 | Section 2. This act shall take effect in 60 days. |
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