SB 500 - Fourther Sentencing Guidelines

[Brick]

Full text not available at this time. This might (or might not) be the Senate's companion to the House bill.

See: http://www.legis.state.pa.us/cfdocs/...&type=B&bn=500

Regular Session 2009-2010
Senate Bill 500

Short Title: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for sentences for offenses committed with firearms.
Prime Sponsor: Senator STACK
Last Action: Referred to JUDICIARY, March 2, 2009 [Senate]

[WhiteFeather]

Text is up now, has anyone else read this one?

This SB 500 is crazy - extra time just because of the type of firearm action makes it a bigger crime than another type of gun would be used in a similar crime is less of a offense.

Sponsors of these types of bills claim they will fight crime or prevent criminal behavior; however they don’t focus on criminal behavior. Instead, they focus only on the guns as the reason for crime in their neighborhoods.


They reused the PA definition of what is an assault weapon from last session with was SB 48 which is more restrictive than the former federal ban was.


Also in this proposed bill they are trading on the slain police officers name, to promote this anti-gun stuff, instead of address the human problem; they want to focus of hardware for their own agenda. If they really want to do something to actually stop the killing by repeat violent offenders that murdered that police officer. Why don’t they do something to address the real problem with the courts, the parole system and the routine plea bargaining firearm violations away that would have saved that police officers live IF we would also end the catch and release policy for recidivism of violent criminals instead of ban the guns.....

[Brick]

Read it carefully, even though these are sentencing guidelines this legislation is 100% BULLSHIT. It is also a backdoor to installing an assault weapons ban without the unglamorous legislative slugfest that would occur if the bill was offered openly.

PRINTER'S NO. 507

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL
No. 500 Session of
2009


INTRODUCED BY STACK, STOUT, HUGHES, FONTANA, TARTAGLIONE, ALLOWAY, RAFFERTY, ERICKSON, WILLIAMS AND WOZNIAK, MARCH 2, 2009


REFERRED TO JUDICIARY, MARCH 2, 2009



AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for sentences for offenses committed with firearms.
The General Assembly finds and declares that the use of semiautomatic firearms during the commission of a crime presents a great danger to the citizens and law enforcement community of this Commonwealth. On May 3, 2008, Sergeant Stephen Liczbinski, a 12-year veteran of the Philadelphia Police Department assigned to the 24th District, was shot and killed while responding to a report of a bank robbery in the City of Philadelphia. The suspect was armed with a Chinese-made semiautomatic firearm. The killing of Sergeant Liczbinski reinforces the need to enact stringent enforcement measures relating to crimes committed with semiautomatic firearms. To that end, it is the intent of the General Assembly to require a mandatory minimum term of imprisonment for a crime committed with a semiautomatic firearm. In honor of Sergeant Liczbinski's service to the City of Philadelphia and the Commonwealth of Pennsylvania, this act shall be referred to as "Sergeant Stephen Liczbinski's Law."
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 9712(a) and (e) of Title 42 of the Pennsylvania Consolidated Statutes are amended to read:
§ 9712. Sentences for offenses committed with firearms.
(a) Mandatory sentence.--
(1) Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable) and paragraph (2), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses), shall, if the person visibly possessed a firearm or a replica of a firearm, whether or not the firearm or replica was loaded or functional, that placed the victim in reasonable fear of death or serious bodily injury, during the commission of the offense, be sentenced to a minimum sentence of at least five years of total confinement notwithstanding any other provision of this title or other statute to the contrary. Such persons shall not be eligible for parole, probation, work release or furlough.
(2) Any person who is convicted in any court of this Commonwealth of a crime under Title 18 (relating to crimes and offenses) shall, if the person had in the person's immediate possession during the commission of the crime a semiautomatic firearm, be sentenced to a minimum sentence of at least 20 years of total confinement notwithstanding any other provision of this title or other statute to the contrary. Such persons shall not be eligible for parole, probation, work release or furlough.
* * *
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Firearm." Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein.
"Replica of a firearm." An item that can reasonably be perceived to be a firearm.
"Semiautomatic firearm." The term includes any of the following:
(1) A firearm or copy or duplicate of a firearm in any caliber, known as:
(i) Norinco, Mitchell and Poly Technologies Avtomat Kalashnikovs.
(ii) Action Arms Israeli Military Industries UZI and Galil.
(iii) Beretta Ar70 or SC-70.
(iv) Colt AR-15.
(v) Fabrique National FN/FAL, FN/LAR and FNC.
(vi) SWD M-10, M-11, M-11/9 and M-12.
(vii) Steyr AUG.
(viii) INTRATECT TEC-9 and TEC-22.
(ix) Revolving cylinder shotguns, such as or similar to the Street Sweeper and Striker 12.
(x) SKS rifle.
(2) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following:
(i) A folding or telescoping stock.
(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(iii) A bayonet mount.
(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor.
(v) A grenade launcher.
(3) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
(i) An ammunition magazine that attaches to the pistol outside of the pistol grip.
(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer.
(iii) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned.
(iv) A manufactured weight of 50 ounces or more when the pistol is unloaded.
(v) A semiautomatic version of an automatic firearm.
(4) A semiautomatic shotgun that has at least two of the following:
(i) A folding or telescoping stock.
(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(iii) A fixed magazine capacity in excess of five rounds.
(iv) An ability to accept a detachable magazine.
(5) Any firearm listed in paragraph (1), (2), (3) or (4), notwithstanding the fact that it has been renamed, reclassified or altered in any manner provided that it retains its previous characteristics and purpose.
Section 2. The amendment of 42 Pa.C.S. § 9712(a) and (e) shall apply to offenses committed on or after the effective date of this section.
Section 3. This act shall take effect in 60 days.

[markheck1]

sheesh, where's the little head banging smiley when we need it.....