2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9719.1 - Sentences for offenses committed against law enforcement officer.

     § 9719.1.  Sentences for offenses committed against law
                enforcement officer.
        (a)  Mandatory sentence.--A person convicted of the following
     offense shall be sentenced to a mandatory term of imprisonment
     as follows:
            18 Pa.C.S. § 2702.1(a) (relating to assault of law
        enforcement officer) - not less than 20 years.
        (b)  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.
        (c)  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.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Law enforcement officer."  The term shall have the same
     meaning as the term "peace officer" is given under 18 Pa.C.S. §
     501 (relating to definitions).
     (Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

        2008 Amendment.  Act 131 added section 9719.1.