2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9719 - Sentences for offenses committed while impersonating a law enforcement officer.

     § 9719.  Sentences for offenses committed while impersonating a
                law enforcement officer.
        (a)  Mandatory sentence.--A person convicted of murder of the
     third degree, voluntary manslaughter, rape, involuntary deviate
     sexual intercourse, aggravated assault as defined in 18 Pa.C.S.
     § 2702(a)(1) (relating to aggravated assault), robbery as
     defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating
     to robbery) or kidnapping or who is convicted of attempt to
     commit any of these crimes shall, if the person was
     impersonating a law enforcement officer during the commission of
     the offense, be sentenced to a minimum sentence of at least
     three years of total confinement 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 shall consider
     evidence presented at trial and shall afford the Commonwealth
     and the defendant an opportunity to present necessary additional
     evidence and shall determine, by a preponderance of the
     evidence, if this section is applicable.
        (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.
        (e)  Definition.--As used in this section, the term "law
     enforcement officer" means a law enforcement officer or employee
     of the United States, a state, a political subdivision of a
     state or the District of Columbia.
     (Apr. 13, 1988, P.L.336, No.47, eff. 60 days)

        1988 Amendment.  Act 47 added section 9719.