Bill Text: PA HB645 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for sentences for second and subsequent offenses, for prerelease plan for inmates and for general criteria for parole.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-06-11 - Referred to JUDICIARY [HB645 Detail]

Download: Pennsylvania-2011-HB645-Amended.html

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PRIOR PRINTER'S NOS. 646, 3044 PRINTER'S NO. 3663
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 645 Session of2011
INTRODUCED BY DeLUCA, KOTIK, BOYD, D. COSTA, DERMODY, HARKINS, HARRIS, HESS, HORNAMAN, KAVULICH, W. KELLER, METCALFE, MILLARD, MILLER, MOUL, MURT, SCAVELLO, STABACK, STERN, SWANGER, YOUNGBLOOD, CALTAGIRONE AND SACCONE, FEBRUARY 14, 2011
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 5, 2012
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, further providing for sentences for second and
subsequent offenses, for prerelease plan for inmates and for <--
general criteria for parole.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9714(g) of Title 42 of the Pennsylvania
Consolidated Statutes, amended July 7, 2011 (P.L.220, No.40), is
amended and the section is amended by adding a subsection to
read:
§ 9714. Sentences for second and subsequent offenses.
* * *
(a.2) Parole.--Any person sentenced under subsection (a)
shall not be eligible for parole until he has served 85% of the
maximum sentence as provided under subsection (a.1).
* * *
(g) Definition.--[As used in this section, the term "crime
of violence" means murder of the third degree, voluntary
manslaughter, aggravated assault as defined in 18 Pa.C.S. §
2702(a)(1) or (2) (relating to aggravated assault), rape,
involuntary deviate sexual intercourse, aggravated indecent
assault, incest, sexual assault, arson as defined in 18 Pa.C.S.
§ 3301(a) (relating to arson and related offenses), kidnapping,
burglary of a structure adapted for overnight accommodation in
which at the time of the offense any person is present, robbery
as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)
(relating to robbery), or robbery of a motor vehicle, drug
delivery resulting in death as defined in 18 Pa.C.S. § 2506(a)
(relating to drug delivery resulting in death), or criminal
attempt, criminal conspiracy or criminal solicitation to commit
murder or any of the offenses listed above, or an equivalent
crime under the laws of this Commonwealth in effect at the time
of the commission of that offense or an equivalent crime in
another jurisdiction.] As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Crimes of violence." An offense under any of the following:
(1) 18 Pa.C.S. § 901 (relating to criminal attempt),
involving an attempt to commit an offense under 18 Pa.C.S. §
2502(a) or (b) (relating to murder), 2507(a) or (b) (relating
to criminal homicide of law enforcement officer) or any of
the offenses under paragraph (4), (5), (6), (7), (8), (9),
(10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
(19.1), (19.2) or (19.3).
(2) 18 Pa.C.S. § 902 (relating to criminal
solicitation), involving solicitation to commit an offense
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under 18 Pa.C.S. § 2502(a) or (b), 2507(a) or (b) or any of
the offenses under paragraph (4), (5), (6), (7), (8), (9),
(10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
(19.1), (19.2) or (19.3).
(3) 18 Pa.C.S. § 903 (relating to criminal conspiracy),
involving conspiracy to commit an offense under 18 Pa.C.S. §
2502(a) or (b), 2507(a) or (b) or any of the offenses under
paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12),
(13), (14), (15), (16), (17), (18), (19), (19.1), (19.2) or
(19.3).
(4) 18 Pa.C.S. § 2502(c).
(5) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(6) 18 Pa.C.S. § 2506 (relating to drug delivery
resulting in death).
(7) 18 Pa.C.S. § 2507(c) or (d).
(8) 18 Pa.C.S. § 2701(a)(3) or (4) (relating to simple
assault).
(9) 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault).
(10) 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer).
(11) 18 Pa.C.S. § 2901 (relating to kidnapping).
(12) 18 Pa.C.S. § 3121 (relating to rape).
(13) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
(14) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(15) 18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(16) 18 Pa.C.S. § 3301(a) (relating to arson and related
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offenses).
(17) 18 Pa.C.S. § 3502 (relating to burglary), if at the
time of the offense the structure entered was adapted for
overnight accommodation.
(18) 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating
to robbery).
(19) 18 Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(19.1) 18 Pa.C.S. § 4302 (relating to incest).
(19.2) 18 Pa.C.S. § 4952 (relating to intimidation of
witnesses or victims), involving a witness to or a victim of
a violation of 18 Pa.C.S. § 2502 or 2507 or any of the
offenses under paragraph (1), (2), (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), (13), (14), (15), (16), (17),
(18), (19), (19.1), (19.3), (20) or (21) or a violation of
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.
(19.3) 18 Pa.C.S. § 4953 (relating to retaliation
against witness, victim or party), involving a witness to,
victim of or party to a proceeding alleging a violation of 18
Pa.C.S. § 2502 or 2507 or any of the offenses under paragraph
(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), (16), (17), (18), (19), (19.1),
(19.2), (20) or (21) or a violation of section 13(a)(30) of
The Controlled Substance, Drug, Device and Cosmetic Act.
(20) A crime equivalent to one listed under paragraph
(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), (16), (17), (18), (19), (19.1),
(19.2) or (19.3) under the laws of this Commonwealth in
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effect at the time of the commission of the offense.
(21) A crime equivalent to one listed under paragraph
(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), (16), (17), (18), (19), (19.1),
(19.2) or (19.3) under Federal law or in a jurisdiction
outside this Commonwealth.
Section 2. Section 3702(a) of Title 61 is amended to read:
§ 3702. Prerelease plan for inmates.
(a) Transfer authorization.--
(1) [The] Except as provided in paragraphs (2) and (3) <--
paragraph (2), the secretary may transfer an inmate <--
incarcerated in any prerelease center or in any prerelease
center located in any State correctional institution who has
not been sentenced to death or life imprisonment to any
prerelease center.
(2) The transfer of the inmate to the prerelease center
shall not occur where the transfer is not appropriate due to
a certified terminal illness.
(3) No inmate who is serving a period of incarceration <--
that includes a sentence imposed for commission of any of the
crimes of violence as defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses)
shall be eligible for prerelease status. This section shall
not apply to inmates described under this paragraph.
* * *
Section 3. Section 6137(a) of Title 61 is amended by adding
a paragraph to read:
§ 6137. Parole power.
(a) General criteria for parole.--
* * *
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(1.1) The board may not release on parole any inmate
serving a sentence imposed under 42 Pa.C.S. § 9714(a)
(relating to sentences for second and subsequent offenses)
until he has served at least 85% of the maximum sentence as
provided under 42 Pa.C.S. § 9714(a.1).
* * *
Section 4. This act shall take effect in 60 days.
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