1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, further providing for
3sentences for offenses committed with firearms.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Section 9712 of Title 42 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 9712.  Sentences for offenses committed with firearms.

9(a)  Mandatory sentence.--Except as provided under section
109716 (relating to two or more mandatory minimum sentences
11applicable), any person who is convicted in any court of this
12Commonwealth of a crime of violence as defined in section
139714(g) (relating to sentences for second and subsequent
14offenses), shall, if the person visibly possessed a firearm or a
15replica of a firearm, whether or not the firearm or replica was
16loaded or functional, that placed the victim in reasonable fear
17of death or serious bodily injury, during the commission of the
18offense, be sentenced to a minimum sentence of at least five

1years of total confinement notwithstanding any other provision
2of this title or other statute to the contrary. Such persons
3shall not be eligible for parole, probation, work release or
4furlough. The mandatory sentence imposed under this subsection 
5shall be imposed consecutively to any other sentence imposed by 
6the court.

7(b)  Proof at sentencing.--Provisions of this section shall
8not be an element of the crime and notice thereof to the
9defendant shall not be required prior to conviction, but
10reasonable notice of the Commonwealth's intention to proceed
11under this section shall be provided after conviction and before
12sentencing. The applicability of this section shall be
13determined at sentencing. The court shall consider any evidence
14presented at trial and shall afford the Commonwealth and the
15defendant an opportunity to present any necessary additional
16evidence and shall determine, by a preponderance of the
17evidence, if this section is applicable.

18(c)  Authority of court in sentencing.--There shall be no
19authority in any court to impose on an offender to which this
20section is applicable any lesser sentence than provided for in
21subsection (a) [or], to place such offender on probation [or],
22to suspend sentence or to impose the mandatory sentence 
23concurrent to any other sentence. Nothing in this section shall
24prevent the sentencing court from imposing a sentence greater
25than that provided in this section. Sentencing guidelines
26promulgated by the Pennsylvania Commission on Sentencing shall
27not supersede the mandatory sentences provided in this section.

28(d)  Appeal by Commonwealth.--If a sentencing court refuses
29to apply this section where applicable, the Commonwealth shall
30have the right to appellate review of the action of the

1sentencing court. The appellate court shall vacate the sentence
2and remand the case to the sentencing court for imposition of a
3sentence in accordance with this section if it finds that the
4sentence was imposed in violation of this section.

5(e)  Definitions.--As used in this section, the following
6words and phrases shall have the meanings given to them in this
7subsection:

8"Firearm."  Any weapon, including a starter gun, which will 
9or is designed to or may readily be converted to expel a 
10projectile by the action of an explosive or the expansion of gas 
11therein.

12"Replica of a firearm."  An item that can reasonably be 
13perceived to be a firearm.

14Section 2.  This act shall take effect in 60 days.