2023-2024 Regular Session HB 1503 PN 1710 Bill Text (HTM)

PRINTER'S NO. 1710

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1503

Session of

2023

INTRODUCED BY C. WILLIAMS, GUENST, STAATS, MOUL, PICKETT,

MARCELL, TOMLINSON AND T. JONES, JUNE 23, 2023

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 23, 2023

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in sentencing, further

providing for sentencing generally.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9721(b) of Title 42 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding subsections to read:

§ 9721. Sentencing generally.

* * *

(b) General standards.--In selecting from the alternatives

set forth in subsection (a), the court shall follow the general

principle that the sentence imposed should call for total

confinement that is consistent with section 9725 (relating to

total confinement) and the protection of the public, the gravity

of the offense as it relates to the impact on the life of the

victim and on the community, and the rehabilitative needs of the

defendant. The court shall also consider any guidelines for

sentencing and resentencing adopted by the Pennsylvania

Commission on Sentencing and taking effect under section 2155

(relating to publication of guidelines for sentencing,

resentencing and parole, risk assessment instrument and

recommitment ranges following revocation). In every case in

which the court imposes a sentence for a felony or misdemeanor,

modifies a sentence, resentences a person following revocation

of probation or resentences following remand, the court shall

make as a part of the record, and disclose in open court at the

time of sentencing, a statement of the reason or reasons for the

sentence imposed. [In every case where the court imposes a

sentence or resentence outside the guidelines adopted by the

Pennsylvania Commission on Sentencing under sections 2154

(relating to adoption of guidelines for sentencing), 2154.1

(relating to adoption of guidelines for restrictive conditions),

2154.3 (relating to adoption of guidelines for fines), 2154.4

(relating to adoption of guidelines for resentencing) and 2154.5

(relating to adoption of guidelines for parole) and made

effective under section 2155, the court shall provide a

contemporaneous written statement of the reason or reasons for

the deviation from the guidelines to the commission, as

established under section 2153(a)(14) (relating to powers and

duties). Failure to comply shall be grounds for vacating the

sentence or resentence and resentencing the defendant.]

(b.1) Presumptive guidelines.--Subject to subsection (b.2),

the court shall impose a sentence of no less than the shortest

sentence within the standard range of the applicable guidelines

for sentencing adopted by the Pennsylvania Commission on

Sentencing and taking effect under section 2155, or five years,

whichever is less, for a conviction of any of the following

20230HB1503PN1710 - 2 -

offenses, or attempt, solicitation or conspiracy to commit any

of the following offenses:

(1) Crime of violence as defined in section 9714(g)

(relating to sentences for second and subsequent offenses),

when a firearm was possessed during the commission of the

offense.

(2) 18 Pa.C.S. § 6105(a)(1) (relating to persons not to

possess, use, manufacture, control, sell or transfer

firearms), if the person has been previously convicted of an

offense enumerated under 18 Pa.C.S. § 6105(b).

(3) Section 13(a)(30) of the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act, when a firearm was possessed during

the commission of the offense.

(b.2) Departure from presumptive guidelines.--

(1) The court may impose a sentence of less than the

shortest sentence permitted under subsection (b.1) if the

court provides on the record a substantial and compelling

reason that an injustice would occur by applying the required

sentence.

( 2) Notwithstanding paragraph (1), the court may not

impose a sentence of less than the shortest sentence within

the mitigated range of the applicable guidelines for

sentencing adopted by the Pennsylvania Commission on

Sentencing in the 7th Edition of the Sentencing Guidelines,

as amended until the effective date of this subsection, and

taking effect under section 2155, or four years, whichever is

lower, if any of the following apply:

(i) The defendant previously was convicted of an

offense punishable by a term of imprisonment exceeding

20230HB1503PN1710 - 3 -

two years.

(ii) The offense resulted in death or serious bodily

injury.

(iii) The defendant used violence or credible

threats of violence, or induced another person to do so,

during the commission of the offense.

(iv) The defendant possessed a deadly weapon, as

defined in 18 Pa.C.S. § 2301 (relating to definitions),

or induced another person to do so, during the commission

of the offense.

(b.3) Written statement.--In every case where the court

imposes a sentence or resentence outside the guidelines adopted

by the Pennsylvania Commission on Sentencing under sections 2154

(relating to adoption of guidelines for sentencing), 2154.1

(relating to adoption of guidelines for restrictive conditions),

2154.3 (relating to adoption of guidelines for fines), 2154.4

(relating to adoption of guidelines for resentencing) and 2154.5

(relating to adoption of guidelines for parole) and made

effective under section 2155, the court shall provide a

contemporaneous written statement of the reason or reasons for

the deviation from the guidelines to the commission, as

established under section 2153(a)(14) (relating to powers and

duties of commission). Failure to comply shall be grounds for

vacating the sentence or resentence and resentencing the

defendant.

* * *

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

20230HB1503PN1710 - 4 -