Bill Text: PA HB536 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for sentences for offenses committed with firearms.

Spectrum: Moderate Partisan Bill (Republican 12-2)

Status: (Introduced - Dead) 2011-02-08 - Referred to JUDICIARY [HB536 Detail]

Download: Pennsylvania-2011-HB536-Introduced.html

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PRINTER'S NO. 503
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 536 Session of2011
INTRODUCED BY PETRI, BOBACK, BOYD, D. COSTA, CUTLER, EVERETT, HICKERNELL, HUTCHINSON, KILLION, MURT, O'NEILL, RAPP, READSHAW AND VULAKOVICH, FEBRUARY 8, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
sentences for offenses committed with firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9712(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 9712. Sentences for offenses committed with firearms.
(a) Mandatory sentence.--
(1) Except as provided under section 9716 (relating to
two or more mandatory minimum sentences applicable), any
person who is convicted in any court of this Commonwealth of
a crime of violence as defined in section 9714(g) (relating
to sentences for second and subsequent offenses), shall[,
if]:
(i) Be sentenced, notwithstanding any other
provision of this title or other statute, to a minimum
sentence of at least five years of total confinement, if
the person visibly possessed a firearm or a replica of a
firearm, whether or not the firearm or replica was loaded
or functional, that placed the victim in reasonable fear
of death or serious bodily injury, during the commission
of the offense. [, be sentenced to a minimum sentence of
at least five years of total confinement notwithstanding
any other provision of this title or other statute to the
contrary.]
(ii) Be sentenced, notwithstanding any other
provision of this title or other statute, to a minimum
sentence of at least seven years of total confinement, if
the person:
(A) discharged a firearm during the commission
of the offense; or
(B) during the commission of the offense,
visibly possessed a firearm that the person knew or
had reason to know was stolen or had been sold,
delivered or transferred in violation of 18 Pa.C.S. §
6111 (relating to sale or transfer of firearms).
[Such persons] (2) A person under paragraph (1) shall not be
eligible for parole, probation, work release or furlough.
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Section 2. This act shall take effect in 60 days.
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