2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9714 - Sentences for second and subsequent offenses.

     § 9714.  Sentences for second and subsequent offenses.
        (a)  Mandatory sentence.--
            (1)  Any person who is convicted in any court of this
        Commonwealth of a crime of violence shall, if at the time of
        the commission of the current offense the person had
        previously been convicted of a crime of violence, be
        sentenced to a minimum sentence of at least ten years of
        total confinement, notwithstanding any other provision of
        this title or other statute to the contrary. Upon a second
        conviction for a crime of violence, the court shall give the
        person oral and written notice of the penalties under this
        section for a third conviction for a crime of violence.
        Failure to provide such notice shall not render the offender
        ineligible to be sentenced under paragraph (2).
            (2)  Where the person had at the time of the commission
        of the current offense previously been convicted of two or
        more such crimes of violence arising from separate criminal
        transactions, the person shall be sentenced to a minimum
        sentence of at least 25 years of total confinement,
        notwithstanding any other provision of this title or other
        statute to the contrary. Proof that the offender received
        notice of or otherwise knew or should have known of the
        penalties under this paragraph shall not be required. Upon
        conviction for a third or subsequent crime of violence the
        court may, if it determines that 25 years of total
        confinement is insufficient to protect the public safety,
        sentence the offender to life imprisonment without parole.
        (a.1)  Mandatory maximum.--An offender sentenced to a
     mandatory minimum sentence under this section shall be sentenced
     to a maximum sentence equal to twice the mandatory minimum
     sentence, notwithstanding 18 Pa.C.S. § 1103 (relating to
     sentence of imprisonment for felony) or any other provision of
     this title or other statute to the contrary.
        (b)  Presumption of high risk dangerous offender.--(Deleted
     by amendment).
        (c)  High risk dangerous offender.--(Deleted by amendment).
        (d)  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 sentencing court, prior to
     imposing sentence on an offender under subsection (a), shall
     have a complete record of the previous convictions of the
     offender, copies of which shall be furnished to the offender. If
     the offender or the attorney for the Commonwealth contests the
     accuracy of the record, the court shall schedule a hearing and
     direct the offender and the attorney for the Commonwealth to
     submit evidence regarding the previous convictions of the
     offender. The court shall then determine, by a preponderance of
     the evidence, the previous convictions of the offender and, if
     this section is applicable, shall impose sentence in accordance
     with this section. Should a previous conviction be vacated and
     an acquittal or final discharge entered subsequent to imposition
     of sentence under this section, the offender shall have the
     right to petition the sentencing court for reconsideration of
     sentence if this section would not have been applicable except
     for the conviction which was vacated.
        (e)  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
     subsections (a) and (a.1) 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.
        (f)  Appeal by Commonwealth.--If a sentencing court shall
     refuse 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 the imposition
     of a sentence in accordance with this section if it finds that
     the sentence was imposed in violation of this section.
        (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, 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.
     (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982,
     P.L.512, No.141, eff. imd.; Dec. 11, 1986, P.L.1521, No.165,
     eff. 60 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff.
     60 days; May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 20,
     2000, P.L.811, No.113, eff. 60 days)

        2000 Amendments.  Act 18 amended subsec. (g) and Act 113
     amended subsec. (a) and deleted subsecs. (b) and (c). Section
     5(1) of Act 18 provided that Act 18 shall apply to proceedings
     initiated on or after the effective date of Act 18.
        1995 Amendment.  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 9714 is referred to in sections
     9712, 9713, 9715, 9795.4 of this title; section 1103 of Title 18
     (Crimes and Offenses); sections 6135, 6137 of Title 61 (Prisons
     and Parole).