HB 655 - Mandatory Sentencing Violent Crimes

[Brick]

These proposed changes are worthy of support if you believe that it is important to PUNISH criminals for the use of firearms in committing crimes. The underlined sections are the actual changes to the law. You should note that the changes proposed remove all sentencing decisions from the judges. If anything at all is missing, it is a requirement that forbids plea bargaining.

See it at:
http://www.legis.state.pa.us/CFDOCS/...r=0655&pn=0717

PRINTER'S NO. 717
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL No. 655
Session of 2009
INTRODUCED BY DeLUCA, BOYD, FRANKEL, KORTZ, KOTIK, MELIO, MICOZZIE, MURT, PERZEL, SIPTROTH, VULAKOVICH AND WALKO, FEBRUARY 27, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 27, 2009

AN ACT

1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentences for offenses committed with firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9712 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9712. Sentences for offenses committed with firearms.
9 (a) Mandatory sentence.--Except as provided under section
10 9716 (relating to two or more mandatory minimum sentences
11 applicable), any person who is convicted in any court of this
12 Commonwealth of a crime of violence as defined in section
13 9714(g) (relating to sentences for second and subsequent
14 offenses), shall, if the person visibly possessed a firearm or a
15 replica of a firearm, whether or not the firearm or replica was
16 loaded or functional, that placed the victim in reasonable fear
17 of death or serious bodily injury, during the commission of the
18 offense, be sentenced to a minimum sentence of at least five
1 years of total confinement notwithstanding any other provision
2 of this title or other statute to the contrary. Such persons
3 shall not be eligible for parole, probation, work release or
4 furlough. The mandatory sentence imposed under this subsection
5 shall be imposed consecutive to any other sentence imposed by
6 the court.7 (b) Proof at sentencing.--Provisions of this section shall
8 not be an element of the crime and notice thereof to the
9 defendant shall not be required prior to conviction, but
10 reasonable notice of the Commonwealth's intention to proceed
11 under this section shall be provided after conviction and before
12 sentencing. The applicability of this section shall be
13 determined at sentencing. The court shall consider any evidence
14 presented at trial and shall afford the Commonwealth and the
15 defendant an opportunity to present any necessary additional
16 evidence and shall determine, by a preponderance of the
17 evidence, if this section is applicable.
18 (c) Authority of court in sentencing.--There shall be no
19 authority in any court to impose on an offender to which this
20 section is applicable any lesser sentence than provided for in
21 subsection (a) [or], to place such offender on probation [or],
22 to suspend sentence or to impose the mandatory sentence 23 concurrent to any other sentence. Nothing in this section shall
24 prevent the sentencing court from imposing a sentence greater
25 than that provided in this section. Sentencing guidelines
26 promulgated by the Pennsylvania Commission on Sentencing shall
27 not supersede the mandatory sentences provided in this section.
28 (d) Appeal by Commonwealth.--If a sentencing court refuses
29 to apply this section where applicable, the Commonwealth shall
30 have the right to appellate review of the action of the
20090HB0655PN0717
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1 sentencing court. The appellate court shall vacate the sentence
2 and remand the case to the sentencing court for imposition of a
3 sentence in accordance with this section if it finds that the
4 sentence was imposed in violation of this section.
5 (e) Definitions.--As used in this section, the following
6 words and phrases shall have the meanings given to them in this
7 subsection:
8 "Firearm." Any weapon, including a starter gun, which will
9 or is designed to or may readily be converted to expel a
10 projectile by the action of an explosive or the expansion of gas
11 therein.
12 "Replica of a firearm." An item that can reasonably be
13 perceived to be a firearm.
14 Section 2. This act shall take effect in 60 days.
20090HB0655PN0717
3

[markheck1]

NO, NO, NO!!!!!

this demonizes the firearm....

Why should the penalty be different if you use a gun or a baseball bat, or a knife....the outcome is the same.....

We only need the laws that focus on the crime itself, not on the tools used...

[tl_3237]

These proposed changes are worthy of support if you believe that it is important to PUNISH criminals for the use of firearms in committing crimes. The underlined sections are the actual changes to the law. You should note that the changes proposed remove all sentencing decisions from the judges. If anything at all is missing, it is a requirement that forbids plea bargaining.

As I read it, the underlying firearm possession is not a charge but merely a attribute of the offender at the time the crime of violence was committed -

"if the person visibly possessed a firearm or a
replica of a firearm"

As such it can't be plea bargained since its not a charged offense. Even if they bargain a concomitant possession of firearm for unlawful purpose that wouldn't change the fact that a firearm was visibly possessed.

[markheck1]

I see that.....but WHO CARES?????

dead is dead, robbed is robbed....yada yada.....

I don't understand what this bill will accomplish....other than demonizing guns more than they already are.

[Lougotzz]

many moons ago I was in favor of min mandatory but as I see the corruption of the gov. i say no to all min mandatory crapola.

[tl_3237]

I see that.....but WHO CARES?????

dead is dead, robbed is robbed....yada yada.....

I don't understand what this bill will accomplish....other than demonizing guns more than they already are.

If the repeat offender is incarcerated for an additional 5 years that means that he can't make me dead or robbed for those 5 years. A criminal only has so many productive crime years so if, as the result of this bill, he now has X-5 years I'm good with that.

[imperialism2024]

It's a shame that they have no people or institutions whose purpose is to determine a convict's sentence. Oh, wait...

[customloaded]

If the repeat offender is incarcerated for an additional 5 years that means that he can't make me dead or robbed for those 5 years. A criminal only has so many productive crime years so if, as the result of this bill, he now has X-5 years I'm good with that.

Really? That matdorf guy in NY stole 50Billion dollars and he's in his 80's. So ah, who is going to judge when the PRIME CRIME years are over???

[tl_3237]

Really? That matdorf guy in NY stole 50Billion dollars and he's in his 80's. So ah, who is going to judge when the PRIME CRIME years are over???

Madoff didn't commit a violent crime with a firearm.

There is no need to judge when the PRIME CRIME years are over. That's a plus with mandatory sentencing; do the crime - do the time.

If an octogenarian commits a crime then obviously his criminal years are not over, be they PRIME or LESS THAN PRIME.

What I tried to present was that a criminal has a finite number of criminal years. his criminal years MUST terminate at some point- either he stops committing crimes of his own volition or he stops at the end of his lifespan. In either case a mandatory 5 years means, assuming he doesn't die in jail, that there's five less years where he has the opportunity to be criminally active.

[markheck1]

If the repeat offender is incarcerated for an additional 5 years that means that he can't make me dead or robbed for those 5 years. A criminal only has so many productive crime years so if, as the result of this bill, he now has X-5 years I'm good with that.

So as long as he uses a knife, not a gun, all is well in the world?

Punish the original crime, period......