Bill
Bill > HB1850
PA HB1850
PA HB1850In sentencing, further providing for sentences for offenses committed with firearms and for sentences for certain drug offenses committed with firearms.
summary
Introduced
09/19/2019
09/19/2019
In Committee
01/13/2020
01/13/2020
Crossed Over
Passed
Dead
12/31/2020
12/31/2020
Introduced Session
2019-2020 Regular Session
Bill Summary
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 and for sentences for certain drug offenses committed with firearms.
AI Summary
This bill amends the Pennsylvania Consolidated Statutes to change the provisions related to sentences for offenses committed with firearms and for certain drug offenses committed with firearms. The key changes are:
1) Any provision requiring a mandatory minimum sentence is now considered an "enhancing element" that must be proven beyond a reasonable doubt at trial, rather than determined by the sentencing court based on a preponderance of the evidence.
2) The Commonwealth now has the right to appeal if a sentencing court imposes a sentence below the mandatory minimum, and the appellate court can then vacate the sentence and order resentencing in accordance with the mandatory minimum.
The bill aims to strengthen the application of mandatory minimum sentences for firearms-related offenses in Pennsylvania.
Committee Categories
Budget and Finance, Justice
Sponsors (10)
W. Todd Stephens (R)*,
Aaron Bernstine (R),
Frank Burns (D),
Anthony DeLuca (D),
David Millard (R),
Dan Moul (R),
F. Todd Polinchock (R),
Christopher Quinn (R),
Harry Readshaw (D),
Greg Rothman (R),
Last Action
Removed from table (on 10/21/2020)
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