PRINTER'S NO. 884
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
788
Session of
2023
INTRODUCED BY FARRY, PENNYCUICK, STEFANO AND BREWSTER,
JUNE 14, 2023
REFERRED TO JUDICIARY, JUNE 14, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for sentences for persons not to possess, use, manufacture,
control, sell or transfer firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9720.9. Sentences for persons not to possess, use,
manufacture, control, sell or transfer firearms.
(a) Mandatory sentence.--
(1) A person convicted of 18 Pa.C.S. § 6105 (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) for violating an offense under 18 Pa.C.S.
§ 6105(b) shall be sentenced to a mandatory term of
imprisonment of at least 11 months.
(2) The mandatory term of imprisonment under paragraph
(1) does not apply if the felony conviction of 18 Pa.C.S. §
6105 was because the person was subject to 18 Pa.C.S. §
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6105(c)(3).
(3) Notwithstanding another provision of this title or
other statute, a person convicted of violating 18 Pa.C.S. §
6105 and the offense is graded as a felony shall be sentenced
to a minimum sentence of at least five years of total
confinement , if during the commission of the current offense
the person had previously been convicted of 18 Pa.C.S. §
6105. Upon a second conviction for 18 Pa.C.S. § 6105, the
court shall give the person oral and written notice of the
penalties under this section for a third conviction for a
crime of violence. F ailure to provide the notice does not
render the offender ineligible to be sentenced under
paragraph (4).
(4) During the commission of the current offense, if the
person had previously been convicted of two or more
violations of 18 Pa.C.S. § 6105 arising from separate
criminal actions, the person shall be sentenced to a minimum
sentence of at least 15 years of total confinement,
notwithstanding another provision of this title or other
statute. Proof the offender received notice of or otherwise
knew or should have known of the penalties under this
paragraph is not required.
(b) Mandatory maximum.--An offender sentenced to a mandatory
minimum sentence under this section shall be sentenced to a
maximum sentence equal to twice the mandatory minimum sentence,
notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of
imprisonment for felony) or another provision of this title or
other statute.
(c) Eligibility for parole.--Parole under this section may
not be granted until the minimum term of imprisonment is served.
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(d) Application of mandatory minimum penalty.--
(1) For a provision of this section requiring imposition
of a mandatory minimum sentence based on a fact that is not
an element of the underlying offense or a prior conviction,
the enhancing element must be:
(i) proven beyond a reasonable doubt at trial on the
underlying offense; and
(ii) submitted to the fact-finder for deliberation
together with the underlying offense. If the fact-finder
finds the defendant guilty of the underlying offense, the
fact-finder shall decide whether an enhancing element has
been proven.
(2) For another provision of this section requiring
imposition of a mandatory minimum sentence, the following
apply:
(i) the enhancing element may not be an element of
the crime; and
(ii) notice of the crime to the defendant is not
required prior to conviction; however, reasonable notice
of the Commonwealth's intention to proceed under this
section shall be provided after conviction and before
sentencing.
(3) The following apply:
(i) The applicability of this section shall be
determined at sentencing.
(ii) Prior to imposing sentence on an offender under
this section, the sentencing court shall have a complete
record of the previous convictions of the offender, and
copies of the record shall be furnished to the offender.
(iii) If the offender or Commonwealth contests the
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accuracy of the record under subparagraph (ii), the court
shall schedule a hearing and direct the offender and
Commonwealth to submit evidence regarding the previous
convictions of the offender.
(iv) For a hearing under subparagraph (iii), the
court shall determine the previous convictions of the
offender by a preponderance of the evidence. If the court
finds this section is applicable, the court shall impose
a sentence in accordance with this section. If a previous
conviction is vacated and an acquittal or final discharge
entered after imposition of sentence under this section,
the offender may petition the sentencing court for
reconsideration of the sentence if this section would
have been inapplicable except for the vacated conviction.
(e) Appeal by Commonwealth.--If a sentencing court fails to
apply this section where applicable, including if the fact-
finder found an enhancing element and a sentencing court imposes
a sentence below the mandatory minimum sentence, the
Commonwealth shall have the right to appellate review of the
sentence. I f the appellate court finds the sentence imposed in
violation of this section, t he appellate court shall vacate the
sentence and remand the case to the sentencing court for
imposition of a sentence in accordance with this section.
Section 2. This act shall take effect in 60 days.
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