Let's look at this: HB 2600

[Brick]

PRINTER'S NO. 3970

THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL No. 2600
Session of 2010

INTRODUCED BY BOYLE, CALTAGIRONE, PETRI, STABACK, VULAKOVICH AND MAHONEY, JUNE 23, 2010

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 23, 2010
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sale or transfer
3 of firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6111(h)(1) of Title 18 of the
7 Pennsylvania Consolidated Statutes is amended to read:
8 § 6111. Sale or transfer of firearms.
9 * * *
10 (h) Subsequent violation penalty.--
11 (1) A second or subsequent violation of this section
12 that is committed after the violator has been convicted of
13 the first offense shall be a felony of the second degree and
14 shall be punishable by a mandatory minimum sentence of
15 imprisonment of five years. A second or subsequent offense
16 shall also result in permanent revocation of any license to
17 sell, import or manufacture a firearm.
18 * * *

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

20100HB2600PN3970
- 2 -

I'm trying to figure this out, here's the current law:

h) Subsequent violation penalty.--
(1) A second or subsequent violation of this section shall be a felony of the second degree and shall be punishable by a mandatory minimum sentence of imprisonment of five years. A second or subsequent offense shall also result in permanent revocation of any license to sell, import or manufacture a firearm.

To my mind there is no violation of law where one would be subject to a "2nd or subsequent offense" unless there has been a trial and conviction for the first offense. Or does Pennsylvania operate on a system where an arrest (or an accusation) is equal to a conviction? Help me out guys, is this just superfluous or have I missed something?

[customloaded]

The legislation is trying to clarify and clean up bad language in the original legislation.
CL

[ROCK-IT3]

It would seem to me that any number of charges of violating that statute prior to a first conviction would not expose you to the 2nd degree felony and minimum 5 year sentence.

In other words, if you violate that statute and are charged in January, then again in February, and again in March, but you are only convicted of the January incident in April, then the February and March charges can only be tried at the lesser grading and penalty.

The unrevised statute reads like this, that after the April conviction for the January charge, the February and March charges could be tried at the higher grading, even though the incidents occurred before you were convicted of the first charge in April.

That's how I read it, however, IANAL.

[wa3ra]

Except in Cities of the First Class, where you are guilty of Whatever We Can Dredge Up or Make Up until proven innocent.

[gnbrotz]

I'm trying to figure this out, here's the current law:



To my mind there is no violation of law where one would be subject to a "2nd or subsequent offense" unless there has been a trial and conviction for the first offense. Or does Pennsylvania operate on a system where an arrest (or an accusation) is equal to a conviction? Help me out guys, is this just superfluous or have I missed something?

By my reading, under current law, if I commit this offense on Monday, Wednesday, and Friday, then get arrested for all three on Saturday, the second two would be charged as felonies.

Under the revision, all three would be charged at the original grade, as there has not yet been a conviction on any of them.

An "offense" is still an "offense" even if you haven't been convicted yet. You are either convicted or acquitted of any "offense" with which you are charged. For most crimes, the grading is what it is, even before a verdict is reached. For a few statutes, subsequent convictions can increase the grading on the same offense being committed in the future.

[ROCK-IT3]

By my reading, under current law, if I commit this offense on Monday, Wednesday, and Friday, then get arrested for all three on Saturday, the second two would be charged as felonies.

Under the revision, all three would be charged at the original grade, as there has not yet been a conviction on any of them.

An "offense" is still an "offense" even if you haven't been convicted yet. You are either convicted or acquitted of any "offense" with which you are charged. For most crimes, the grading is what it is, even before a verdict is reached. For a few statutes, subsequent convictions can increase the grading on the same offense being committed in the future.

Sort of almost exactly what I said, using days instead of months, right.

[Brick]

Scheduled for discussion and possible vote on 29 June:

see:http://www.legis.state.pa.us/WU01/LI/CO/HM/COHM.HTM

10:00 AM JUDICIARY COMMITTEE

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