2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9715 - Life imprisonment for homicide.

     § 9715.  Life imprisonment for homicide.
        (a)  Mandatory life imprisonment.--Notwithstanding the
     provisions of section 9712 (relating to sentences for offenses
     committed with firearms), 9713 (relating to sentences for
     offenses committed on public transportation) or 9714 (relating
     to sentences for second and subsequent offenses), any person
     convicted of murder of the third degree in this Commonwealth who
     has previously been convicted at any time of murder or voluntary
     manslaughter in this Commonwealth or of the same or
     substantially equivalent crime in any other jurisdiction shall
     be sentenced to life imprisonment, notwithstanding any other
     provision of this title or other statute to the contrary.
        (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 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.
        (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.
     (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982,
     P.L.512, No.141, eff. imd.)

        1982 Amendments.  Act 54 added section 9715 and Act 141
     amended subsec. (b). Section 4 of Act 54 provided that the
     mandatory sentences provided in section 9715 shall be applicable
     to offenses committed after the effective date of Act 54.