HB 45 Disparity of Force – Rep Saccone's Upgrade to Castle Doctrine 2015-2016

[WhiteFeather]

HB 45 Disparity of Force – Rep Saccone's Upgrade to Castle Doctrine 2015-2016


http://www.legis.state.pa.us/cfdocs/...H&type=B&bn=45

Posted:
December 2, 2014 12:10 PM

From:
Representative Rick Saccone

To:
All House members

Subject:
Disparity of Force Legislation, former HB 1860 of 2011 Session


An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for use of force in self-protection.

The Pennsylvania General Assembly made a great stride forward in not only protecting the citizens of Pennsylvania, but allowing them to protect themselves, with the passage of the Castle Doctrine. However, our mission to enable Pennsylvanians to protect and defend themselves is not over. In the near future, I plan to introduce legislation that will increase the effectiveness of the Castle Doctrine.

My legislation will strengthen the language to the Castle Doctrine, adding the concept of “disparity of force”. Currently, to be protected by the Castle Doctrine concept, the law requires that an attacker must display a "firearm or any other weapon readily or apparently capable of lethal use” before an individual can use lethal force. In cases where an individual or group of assailants place another individual in a life threatening situation without being in possession of lethal weapons, we must enable these people to take the proper actions in order to prevent themselves from becoming victims. This legislation will provide Castle Doctrine protections to allow the use of lethal force in cases where an individual possesses the physical power, stature, or ability to inflict serious harm or death upon another person or in a case where the individuals using the force outnumber the victim such as he or she may fear serious bodily harm of death.

It is easy to recognize that the size and number of attackers are critical variables in inflicting serious bodily injury. The disparity of force from group and gang attacks on citizens using only kicking and punching can be just as lethal as attacks with weapons especially to the elderly.

I urge you to cosponsor this legislation to increase the effectiveness of the Castle Doctrine. The citizens of Pennsylvania have a natural right to defend themselves and we must ensure that they are not unreasonable hindered for doing so.

Several REAL examples of why this Disparity Of Force is need, read in this thread from 2011 session

HB 1860 - Disparity of Force – Rep Saccone's Upgrade to Castle Doctrine
http://forum.pafoa.org/pennsylvania-...-doctrine.html





See following posts on who to contact IF you are for this upgrade to CD & SYG.


PLEASE contact the Reps and ask them to add their name as a co-sponsor to HB 45 Disparity of Force Legislation

.

[WhiteFeather]

List of Reps emails address to ask to co-sponsor HB 45 & HB 44

Read about the concept of Disparity of Force in this thread here in 2011 PAFOA discussion on this subject
http://forum.pafoa.org/pennsylvania-...-doctrine.html



As a refresher on Pa Castle Doctrine and Stand Your Ground laws what it does and do not cover
(read page one for outline CD & SYG)

Castle Doctrine 2011-12 session Activist effort – Please Help
http://forum.pafoa.org/pennsylvania-...ease-help.html





paste emails in BBC (Blind Carbon Copy) write one letter
the FIRST group is former co sponsor emails


ngoodman@pahouse.net; mgergely@pahouse.net; csainato@pahouse.net; bkortz@pahouse.net; jgibbons@pahouse.net; bneuman@pahouse.net; rbrown@pahousegop.com; tquigley@pahousegop.com; mtobash@pahousegop.com; kmasser@pahousegop.com; mpeifer@pahousegop.com; nkotik@pahouse.net; jsimmons@pahousegop.com; jharhart@pahousegop.com; jpetrarc@pahouse.net; eevankov@pahousegop.com; klrapp@pahousegop.com; Ffarry@pahousegop.com; mhahn@pahousegop.com; jlawrenc@pahousegop.com; mmustio@pahousegop.com; mbaker@pahousegop.com; dhickern@pahousegop.com; wtallman@pahousegop.com; jchristi@pahousegop.com; cmetzgar@pahousegop.com; hreadsha@pahouse.net; ssaylor@pahousegop.com; gdunbar@pahousegop.com; broae@pahousegop.com; mcauser@pahousegop.com; jcox@pahousegop.com; sgrove@pahousegop.com; fkeller@pahousegop.com; Jmarshal@pahousegop.com; mkeller@pahousegop.com; tkrieger@pahousegop.com; bellis@pahousegop.com; doberlan@pahousegop.com; mturzai@pahousegop.com; mvereb@pahousegop.com;


Broke the rest into several groups so not to overload outbox on emails

rbizzarro@pahouse.net; rmatzie@pahouse.net; fdermody@pahouse.net; jmarkose@pahouse.net; ffabrizi@pahouse.net; mcarroll@pahouse.net; ddeasy@pahouse.net; tmahoney@pahouse.net; sconklin@pahouse.net; ffarina@pahouse.net; mflynn@pahouse.net; tdeluca@pahouse.net; rirvin@pahousegop.com; rwarner@pahousegop.com; akaufer@pahousegop.com; dzimmerman@pahousegop.com; cdush@pahousegop.com; bjozwiak@pahousegop.com; bmiller@pahousegop.com; tnesbit@pahousegop.com; jortitay@pahousegop.com; pschemel@pahousegop.com; cstaats@pahousegop.com; jward@pahousegop.com; pwentling@pahousegop.com; jwheeland@pahousegop.com; khill@pahousegop.com; kklunk@pahousegop.com; hlewis@pahousegop.com; dparker@pahousegop.com; jrader@pahousegop.com; jsantora@pahousegop.com; dtruitt@pahousegop.com; sdelozie@pahousegop.com; kboback@pahousegop.com; jtopper@pahousegop.com; gdigirol@pahousegop.com; rmackenzie@pahousegop.com; pharkins@pahouse.net; mhanna@pahouse.net; bcorbin@pahousegop.com; smentzer@pahousegop.com; spetri@pahousegop.com;



mrozzi@pahouse.net; tmurt@pahousegop.com; NickMicc@pahousegop.com; tharhai@pahouse.net; mfee@pahousegop.com; pdaley@pahouse.net; kgillesp@pahousegop.com; mlongiet@pahouse.net; sbarrar@pahousegop.com; kwatson@pahousegop.com; lculver@pahousegop.com; gday@pahousegop.com; henglish@pahousegop.com; mgingric@pahousegop.com; dheffley@pahousegop.com; jpayne@pahousegop.com; csonney@pahousegop.com; rgodshal@pahousegop.com; mquinn@pahousegop.com; psnyder@pahouse.net; kgreiner@pahousegop.com; tpickett@pahousegop.com; fburns@pahouse.net; jemrick@pahousegop.com; jpyle@pahousegop.com; jmaher@pahousegop.com; tsankey@pahousegop.com; dmoul@pahousegop.com; dmillard@pahousegop.com; rljames@pahousegop.com; shelm@pahousegop.com; gmullery@pahouse.net; geverett@pahousegop.com; aharris@pahousegop.com; bbarbin@pahouse.net; dcosta@pahouse.net; ggrell@pahousegop.com; rmarsico@pahousegop.com; jhackett@pahousegop.com; mregan@pahousegop.com; tstephen@pahousegop.com; mtoepel@pahousegop.com; ttoohil@pahousegop.com; kbenning@pahousegop.com; smajor@pahousegop.com; dreed@pahousegop.com;




NOT a complete list of all 203 Reps as most from the big city area are not worth your effort to contact







HB 44 will solve the REAL problem of the courts not doing their job to lock up the recidivist violent criminals that often give the BAD GUYS a slap on the wrist instead of Jail time

This, is the Catch and Release attitude of “the criminal” injustice system that breeds and perpetuates violent crime. While “Catch and Release” concepts work for fishermen it is a TERRIBLE policy for dealing with repeat violent criminals.




Use the same list above to ask the Reps to co-sponsor HB 45 to use the Lock up behind bars for the bad guys

HB 44 Firearms Offenses Sentence, former HB 233

MEMORANDUM
Posted: December 2, 2014 11:48 AM
From: Representative Rick Saccone

To: All House members
Subject: Amending Title 42, re: Firearms Offenses Sentence, former HB 233

I will be re-introducing legislation (HB 233 of 2013) regarding sentencing for offenses committed with firearms. It has come to my attention that due to Plea bargaining practices, in many cases, the intent of Title 42 with respect to mandatory five year sentencing upon conviction of a violent crime with a firearm is too often disregarded.

My legislation, will add the requirement that the mandatory sentence imposed under Section 9712 of Title 42 shall be imposed consecutively to any other sentence imposed by the court; and prohibits concurrent sentences for such violent offenses.

It is important to treat crime, by the use of firearms, seriously. By allowing these sentences to run concurrently with other sentences, we are devaluing the punishment for a very dangerous, and life-threatening crime. This sentence should be meted out, and served, on its’ own enhancing its impact and amplifying its severity by insisting on its consecutive application.

Title 42 section 9712: Sentences for Offenses Committed with Firearms (or Replicas)

This should be one of the easiest charges to convict any repeat criminal using a firearm. It could be used to get them off the

street and behind bars where the police officers and public safety is served best.

If during the commission of a crime, a previously convicted felon visibly possesses an actual firearm or a replica

(functional or not) that placed a victim in fear or their life or serious bodily injury. A mandatory sentence of five years confinement

without any chance for parole, probation, work release or furlough is to be imposed upon them. Yet by looking at the numbers

below and comparing them to the actual crimes committed every year with firearms (especially in Philadelphia) it is apparent that this provision is seldom used against those committing firearms crime by the district attorneys or judges.

Why not?


PA Firearms Laws & PA Commission on Sentencing Reports

http://www.acslpa.org/Firearms_-_Hun...g_reports.html

[WhiteFeather]

SAVING FOR FUTURE UPDATES

will delete IF not used

[GrumpyBear]

In for the addresses.

[PAMedic=F|A=]

In for the addresses.

[Cyclops]

I think it is an important piece of legislation. Rep. Saccone is looking for co-sponsors for the Bill. I am going to email my Rep. and ask her to co-sponsor HB45. If you are of a mind to do the same, you can fins your Rep. by using this search tool

[Hawk]

Had to look this up to grasp what the OP was referencing. Just to confirm that this (regarding the assailant needing to have a weapon) has to do with PA Castle Doctrine Section 2.3 only (while in a public place). I was a bit worried that I misunderstood the law as it applies to me while in my home or vehicle.

Hope this update goes through!

[Gunsnwater]

In for updates. Sounds good.

[JenniferG]

This representative probably has our six more than most.

[Shadowline]

Will send emails tonight.