2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9718.2 - Sentences for sex offenders.

     § 9718.2.  Sentences for sex offenders.
        (a)  Mandatory sentence.--
            (1)  Any person who is convicted in any court of this
        Commonwealth of an offense set forth in section 9795.1(a) or
        (b) (relating to registration) shall, if at the time of the
        commission of the current offense the person had previously
        been convicted of an offense set forth in section 9795.1(a)
        or (b) 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, 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. Upon such conviction,
        the court shall give the person oral and written notice of
        the penalties under paragraph (2) for a third conviction.
        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 offenses arising from separate criminal transactions set
        forth in section 9795.1(a) or (b) or equivalent crimes under
        the laws of this Commonwealth in effect at the time of the
        commission of the offense or equivalent crimes in another
        jurisdiction, the person shall be sentenced to a term of life
        imprisonment, 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.
        (b)  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.
        (c)  Proof of sentencing.--The 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.
        (d)  Authority of court in sentencing.--Notice of the
     application of this section shall be provided to the defendant
     before trial. If the notice is given, 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 (b) or to place the 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 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.
     (Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1, 2007)

        2006 Amendment.  Act 178 added section 9718.2. See the
     preamble for Act 178 in the appendix to this title for special
     provisions relating to legislative intent.