(d) Other crimes.--
(1) Any offense declared by law to constitute a crime,
without specification of the class thereof, and for which the
law declares a term of imprisonment of one year or not to
exceed one year, the phrase "one year" as used in that law
shall mean 364 days.
(2) Any offense declared by law to constitute a crime,
without specification of the class thereof, is a misdemeanor
of the second degree, if the maximum sentence does not make
it a felony under this section.
* * *
§ 1104. Sentence of imprisonment for misdemeanors.
A person who has been convicted of a misdemeanor may be
sentenced to imprisonment for a definite term which shall be
fixed by the court and shall be not more than:
(1) Five years in the case of a misdemeanor of the first
degree.
(2) Two years in the case of a misdemeanor of the second
degree.
(3) [One year] Three hundred sixty-four days in the case
of a misdemeanor of the third degree.
Section 2. Title 42 is amended by adding a section to read:
§ 9778. Modification of sentences for certain misdemeanors.
(a) General rule.--A person who was convicted of a
misdemeanor of the third degree or an ungraded misdemeanor
before January 1, 2025, and sentenced to a term of imprisonment
of one year or not to exceed one year, may file a petition with
a court of common pleas requesting that the court order that the
person's original sentence be modified to a sentence of 364 days
or not to exceed 364 days, as applicable.
20230HB1375PN1529 - 2 -
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