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PRINTER'S NO.
CORRECTIVE REPRINT PRINTER'S NO.
1710 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
1715 PRIOR PRINTER'S NO.
1503 2023 INTRODUCED BY C.
1710 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2023 No.
INTRODUCED BY C.
JONES, JUNE 23, 2023 REFERRED TO COMMITTEE ON JUDICIARY, JUNE 23, 2023 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the providing for sentencing generally.
JONES, JUNE 23, 2023 REFERRED TO COMMITTEE ON JUDICIARY, JUNE 23, 2023 AN ACT AmePennsylvania Consolidated Statutes, in sentencing, further providing for sentencing generally.
in sentencing, further The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Failure to comply shall be grounds for vacating the sentence or resentence and resentencing the defendant.] (b.1) Presumptive guidelines.--Subject to subsection (b.2), the court shall impose a sentence of no less than the shortest sentence within the standard range of the applicable guidelines for sentencing adopted by the Pennsylvania Commission on Sentencing and taking effect under section 2155, or five years, whichever is less, for a conviction of any of the following 20230HB1503PN1710 - 2 - offenses, or attempt, solicitation or conspiracy to commit any of the following offenses:
Failure to comply shall be grounds for vacating the sentence or resentence and resentencing the defendant.] (b.1) Presumptive guidelines.--Subject to subsection (b.2), the court shall impose a sentence of no less than the shortest sentence within the standard range of the applicable guidelines for sentencing adopted by the Pennsylvania Commission on Sentencing and taking effect under section 2155, or five years, whichever is less, for a conviction of any of the following 20230HB1503PN1715 - 2 - offenses, or attempt, solicitation or conspiracy to commit any of the following offenses:
(i) The defendant previously was convicted of an offense punishable by a term of imprisonment exceeding 20230HB1503PN1710 - 3 - two years.
(i) The defendant previously was convicted of an offense punishable by a term of imprisonment exceeding 20230HB1503PN1715 - 3 - two years.
(b.3) Written statement.--In every case where the court imposes a sentence or resentence outside the guidelines adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing), 2154.1 (relating to adoption of guidelines for restrictive conditions), 2154.3 (relating to adoption of guidelines for fines), 2154.4 (relating to adoption of guidelines for resentencing) and 2154.5 (relating to adoption of guidelines for parole) and made effective under section 2155, the court shall provide a contemporaneous written statement of the reason or reasons for the deviation from the guidelines to the commission, as established under section 2153(a)(14) (relating to powers and duties of commission).
(b.3) Written statement.--In every case where the court ◄ imposes a sentence or resentence outside the guidelines adopted ◄ by the Pennsylvania Commission on Sentencing under sections 2154 ◄ (relating to adoption of guidelines for sentencing), 2154.1 ◄ (relating to adoption of guidelines for restrictive conditions), ◄ 2154.3 (relating to adoption of guidelines for fines), 2154.4 ◄ (relating to adoption of guidelines for resentencing) and 2154.5 ◄ (relating to adoption of guidelines for parole) and made ◄ effective under section 2155, the court shall provide a ◄ contemporaneous written statement of the reason or reasons for ◄ the deviation from the guidelines to the commission, as ◄ established under section 2153(a)(14) (relating to powers and ◄ duties of commission).
Failure to comply shall be grounds for vacating the sentence or resentence and resentencing the defendant.
Failure to comply shall be grounds for ◄ vacating the sentence or resentence and resentencing the ◄ defendant.
* * * Section 2.
◄ * * * Section 2.
20230HB1503PN1710 - 4 -
20230HB1503PN1715 - 4 -
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