THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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.