Friday, April 08, 2005

HB 1198: Repeat Violent/Drug Offenders with Firearms

H.B. 1198, P.N. 1404 (D. EVANS) This would amend Title 18 (Crimes and Offenses).
A person with two prior convictions for a violent crime and/or for drug trafficking who is then convicted of possessing, using, manufacturing, controlling, selling, or transferring an illegal firearm would be sentenced to a mandatory minimum term of five years imprisonment and could be sentenced to ten years or less imprisonment and fined $25,000 or less. A court could impose a greater sentence.
A person with three prior convictions for a violent crime and/or for drug trafficking who is then convicted of possessing, using, manufacturing, controlling, selling, or transferring an illegal fireman would be sentencde to a mandatory minimum term of ten years imprisonment and could be sentenced to 20 years or less imprisonment and fined $50,000 or less. A court impose a greater sentence,
A failure of a sentencing court to apply these sentencing provisions could resolve in the Commonwealth Court vacating the sentence and remanding the case for sentencing in accordance with this law.

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