2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9713 - Sentences for offenses committed on public transportation.

     § 9713.  Sentences for offenses committed on public
                transportation.
        (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 be sentenced to a minimum sentence of at least
     five years of total confinement if the crime occurs in or near
     public transportation as defined in subsection (b),
     notwithstanding any other provision of this title or other
     statute to the contrary.
        (b)  Site of commission of crime.--For the purposes of
     subsection (a), a crime shall be deemed to have occurred in or
     near public transportation if it is committed in whole or in
     part in a vehicle, station, terminal, waiting area or other
     facility used by a person, firm, corporation, municipality,
     municipal authority or port authority in rendering passenger
     transportation services to the public or a segment of the public
     or if it is committed in whole or in part on steps, passageways
     or other areas leading to or from or in the immediate vicinity
     of such a public transportation vehicle, station, terminal,
     waiting area or other facility.
        (c)  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.
        (d)  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.
        (e)  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.
     (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; Oct. 11, 1995, 1st
     Sp.Sess., P.L.1058, No.21, eff. 60 days)

        1995 Amendment.  Act 21, 1st Sp.Sess., amended subsec. (a).
     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.
        1982 Amendment.  Act 54 added section 9713.
        Cross References.  Section 9713 is referred to in section
     9715 of this title.