Bill Text: PA SB784 | 2011-2012 | Regular Session | Introduced

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Bill Title: In sentencing, further providing for sentences for offenses committed with firearms.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2011-03-07 - Referred to JUDICIARY [SB784 Detail]

Download: Pennsylvania-2011-SB784-Introduced.html

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PRINTER'S NO. 797
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 784 Session of2011
INTRODUCED BY STACK, FONTANA, SOLOBAY, BREWSTER, ERICKSON, RAFFERTY, LEACH, TARTAGLIONE, BROWNE AND FARNESE, MARCH 7, 2011
REFERRED TO JUDICIARY, MARCH 7, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentences for offenses committed with firearms.
The General Assembly finds and declares that the use of
semiautomatic firearms during the commission of a crime presents
a great danger to the citizens and law enforcement community of
this Commonwealth. On May 3, 2008, Sergeant Stephen Liczbinski,
a 12-year veteran of the Philadelphia Police Department assigned
to the 24th District, was shot and killed while responding to a
report of a bank robbery in the City of Philadelphia. The
suspect was armed with a Chinese-made semiautomatic firearm. The
killing of Sergeant Liczbinski reinforces the need to enact
stringent enforcement measures relating to crimes committed with
semiautomatic firearms. To that end, it is the intent of the
General Assembly to require a mandatory minimum term of
imprisonment for a crime committed with a semiautomatic firearm.
In honor of Sergeant Liczbinski's service to the City of
Philadelphia and the Commonwealth of Pennsylvania, this act
shall be referred to as "Sergeant Stephen Liczbinski's Law."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9712(a) and (e) of Title 42 of the
Pennsylvania Consolidated Statutes are 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) and
paragraph (2), 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 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. Such persons shall not be eligible
for parole, probation, work release or furlough.
(2) A person who is convicted in any court of this
Commonwealth of a crime under Title 18 (relating to crimes
and offenses) shall, if the person had in the person's
immediate possession during the commission of the crime a
semiautomatic firearm, be sentenced to a minimum sentence of
at least 20 years of total confinement notwithstanding any
other provision of this title or other statute to the
contrary. Such persons shall not be eligible for parole,
probation, work release or furlough.
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(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." Any weapon, including a starter gun, which will
or is designed to or may readily be converted to expel a
projectile by the action of an explosive or the expansion of gas
therein.
"Replica of a firearm." An item that can reasonably be
perceived to be a firearm.
"Semiautomatic firearm." The term includes any of the
following:
(1) A firearm or copy or duplicate of a firearm in any
caliber, known as:
(i) Norinco, Mitchell and Poly Technologies Avtomat
Kalashnikovs.
(ii) Action Arms Israeli Military Industries UZI and
Galil.
(iii) Beretta Ar70 or SC-70.
(iv) Colt AR-15.
(v) Fabrique National FN/FAL, FN/LAR and FNC.
(vi) SWD M-10, M-11, M-11/9 and M-12.
(vii) Steyr AUG.
(viii) INTRATECT TEC-9 and TEC-22.
(ix) Revolving cylinder shotguns, such as or similar
to the Street Sweeper and Striker 12.
(x) SKS rifle.
(2) A semiautomatic rifle that has an ability to accept
a detachable magazine and has at least two of the following:
(i) A folding or telescoping stock.
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(ii) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
(iii) A bayonet mount.
(iv) A flash suppressor or threaded barrel designed
to accommodate a flash suppressor.
(v) A grenade launcher.
(3) A semiautomatic pistol that has an ability to accept
a detachable magazine and has at least two of the following:
(i) An ammunition magazine that attaches to the
pistol outside of the pistol grip.
(ii) A threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip or silencer.
(iii) A shroud that is attached to, or partially or
completely encircles, the barrel and that permits the
shooter to hold the firearm with the nontrigger hand
without being burned.
(iv) A manufactured weight of 50 ounces or more when
the pistol is unloaded.
(v) A semiautomatic version of an automatic firearm.
(4) A semiautomatic shotgun that has at least two of the
following:
(i) A folding or telescoping stock.
(ii) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
(iii) A fixed magazine capacity in excess of five
rounds.
(iv) An ability to accept a detachable magazine.
(5) Any firearm listed in paragraph (1), (2), (3) or
(4), notwithstanding the fact that it has been renamed,
reclassified or altered in any manner provided that it
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retains its previous characteristics and purpose.
Section 2. The amendment of 42 Pa.C.S. § 9712(a) and (e)
shall apply to offenses committed on or after the effective date
of this section.
Section 3. This act shall take effect in 60 days.
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