2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9712 - Sentences for offenses committed with firearms.

     § 9712.  Sentences for offenses committed with firearms.
        (a)  Mandatory sentence.--Except as provided under section
     9716 (relating to two or more mandatory minimum sentences
     applicable), 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.
        (b)  Proof at sentencing.--Provisions of this section shall
     not be an element of the crime and notice thereof to the
     defendant shall not be required prior to conviction, but
     reasonable notice of the Commonwealth's intention to proceed
     under this section shall be provided after conviction and before
     sentencing. The applicability of this section shall be
     determined at sentencing. The court shall consider any evidence
     presented at trial and shall afford the Commonwealth and the
     defendant an opportunity to present any necessary additional
     evidence and shall determine, by a preponderance of the
     evidence, if this section is applicable.
        (c)  Authority of court in sentencing.--There shall be no
     authority in any court to impose on an offender to which this
     section is applicable any lesser sentence than provided for in
     subsection (a) or to place such offender on probation or to
     suspend sentence. Nothing in this section shall prevent the
     sentencing court from imposing a sentence greater than that
     provided in this section. Sentencing guidelines promulgated by
     the Pennsylvania Commission on Sentencing shall not supersede
     the mandatory sentences provided in this section.
        (d)  Appeal by Commonwealth.--If a sentencing court refuses
     to apply this section where applicable, the Commonwealth shall
     have the right to appellate review of the action of the
     sentencing court. The appellate court shall vacate the sentence
     and remand the case to the sentencing court for imposition of a
     sentence in accordance with this section if it finds that the
     sentence was imposed in violation of this section.
        (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.
     (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 13, 1995, 1st
     Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 11, 1995, 1st
     Sp.Sess., P.L.1058, No.21, eff. 60 days)

        1995 Amendments.  Act 17, 1st Sp.Sess., amended subsecs. (a)
     and (e) and Act 21, 1st Sp.Sess., amended subsec. (a). See the
     preamble to Act 17, 1st Sp.Sess., in the appendix to this title
     for special provisions relating to legislative purpose. Section
     6 of Act 21, 1st Sp.Sess., provided that the amendment of
     subsec. (a) shall apply to all offenses committed on or after
     the effective date of Act 21.
        Cross References.  Section 9712 is referred to in sections
     9712.1, 9715 of this title; section 2702.1 of Title 18 (Crimes
     and Offenses); section 6137 of Title 61 (Prisons and Parole).