| PRINTER'S NO. 322 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 287 | Session of 2013 |
INTRODUCED BY STEPHENS, R. BROWN, CALTAGIRONE, CARROLL, D. COSTA, DEASY, DELUCA, FABRIZIO, FARRY, GIBBONS, GINGRICH, GODSHALL, GROVE, HESS, KAMPF, KORTZ, MARSHALL, MARSICO, MATZIE, MILLER, MILNE, MURT, NEILSON, O'BRIEN, READSHAW, SABATINA, SANTARSIERO, SIMMONS, SWANGER, THOMAS, TOEPEL, TRUITT, VEREB AND WATSON, JANUARY 24, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 24, 2013
AN ACT
1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in firearms and other dangerous articles, further
4providing for persons not to possess, use, manufacture,
5control, sell or transfer firearms; and, in sentencing,
6further providing for sentences for second and subsequent
7offenses.
8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:
10Section 1. Section 6105(a.1)(1) of Title 18 of the
11Pennsylvania Consolidated Statutes is amended to read:
12§ 6105. Persons not to possess, use, manufacture, control, sell
13or transfer firearms.
14* * *
15(a.1) Penalty.--
16(1) A person convicted of a felony enumerated under
17subsection (b) or a felony under the act of April 14, 1972
18(P.L.233, No.64), known as The Controlled Substance, Drug,
1Device and Cosmetic Act, or any equivalent Federal statute or
2equivalent statute of any other state, who violates
3subsection (a) commits a felony of the second degree and
4shall be sentenced to a minimum sentence of five years of
5total confinement, notwithstanding any other provision of law
6to the contrary, and shall not be eligible for parole,
7probation, prerelease, work release or furlough prior to
8completion of the minimum sentence.
9* * *
10Section 2. Section 9714(g) of Title 42, amended October 25,
112012 (P.L.1655, No.204), is amended to read:
12§ 9714. Sentences for second and subsequent offenses.
13* * *
14(g) Definition.--As used in this section, the term "crime of
15violence" means murder of the third degree, voluntary
16manslaughter, manslaughter of a law enforcement officer as
17defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
18homicide of law enforcement officer), murder of the third degree
19involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
20(relating to murder of unborn child), aggravated assault of an
21unborn child as defined in 18 Pa.C.S. § 2606 (relating to
22aggravated assault of unborn child), aggravated assault as
23defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
24aggravated assault), assault of law enforcement officer as
25defined in 18 Pa.C.S. § 2702.1 (relating to assault of law
26enforcement officer), use of weapons of mass destruction as
27defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
28destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
29(relating to terrorism), trafficking of persons when the offense
30is graded as a felony of the first degree as provided in 18
1Pa.C.S. § 3002 (relating to trafficking of persons), rape,
2involuntary deviate sexual intercourse, aggravated indecent
3assault, incest, sexual assault, arson as defined in 18 Pa.C.S.
4§ 3301(a) (relating to arson and related offenses), ecoterrorism
5as classified in 18 Pa.C.S. § 3311(b)(3) (relating to
6ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §
73502(a)(1) (relating to burglary), robbery as defined in 18
8Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
9robbery of a motor vehicle, drug delivery resulting in death as
10defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
11resulting in death), possession, use, manufacture, control, sale
12or transfer of firearms as defined in 18 Pa.C.S. § 6105(a)
13(relating to persons not to possess, use, manufacture, control,
14sell or transfer firearms) by a person subject to penalties
15under 18 Pa.C.S. § 6105(a.1)(1), or criminal attempt, criminal
16conspiracy or criminal solicitation to commit murder or any of
17the offenses listed above, or an equivalent crime under the laws
18of this Commonwealth in effect at the time of the commission of
19that offense or an equivalent crime in another jurisdiction.
20Section 3. This act shall take effect in 60 days.