Pennsylvania Act 2000-113 — JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 20, 2000, P.L. 811, No. 113              Cl. 42
                             Session of 2000
                               No. 2000-113

     SB 844

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for criminal
        victim aid good Samaritan civil immunity; and further
        providing for sentences for second and subsequent offenses,
        for registration, for registration procedures and
        applicability, for assessments and for verification of
        residence.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8331.3.  Criminal victim aid good Samaritan civil immunity.
        Any person who provides or obtains or attempts to provide or
     obtain assistance for a victim of a crime involving death,
     serious physical injury, robbery, burglary, kidnapping, rape,
     statutory sexual assault, involuntary deviate sexual
     intercourse, sexual assault, aggravated indecent assault or
     indecent assault at the scene of the criminal act or attempted
     criminal act shall not be liable for any civil damages as a
     result of any acts or omissions in providing or obtaining or
     attempting to provide or obtain assistance, except any acts or
     omissions intentionally designed to harm or any acts or
     omissions that constitute gross negligence or willful, wanton or
     reckless conduct.
        Section 2.  Sections 9714(a), (b) and (c), 9795.1(a),
     9795.2(d), 9795.4(c) and 9796(e) of Title 42 are amended to
     read:
      § 9714.  Sentences for second and subsequent offenses.
        (a)  Mandatory sentence.--
            (1)  Any person who is convicted in any court of this
        Commonwealth of a crime of violence shall, if at the time of
        the commission of the current offense the person had
        previously been convicted of a crime of violence [and has not
        rebutted the presumption of high risk dangerous offender as
        provided in subsection (c)], be sentenced to a minimum
        sentence of at least ten years of total confinement,
        notwithstanding any other provision of this title or other
        statute to the contrary. [If at the time of the commission of
        the current offense the person has previously been convicted
        of a crime of violence and has rebutted the presumption of
        high risk dangerous offender as provided in subsection (c),
        the person shall be sentenced to a minimum sentence of at
        least five years of total confinement, notwithstanding any
        other provision of this title or other statute to the
        contrary.] Upon a second conviction for a crime of violence,
        the court shall give the person oral and written notice of
        the penalties under this section for a third conviction for a
        crime of violence. 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 such crimes of violence arising from separate criminal
        transactions, the person shall 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. Proof that the offender received
        notice of or otherwise knew or should have known of the
        penalties under this paragraph shall not be required. Upon
        conviction for a third or subsequent crime of violence the
        court may, if it determines that 25 years of total
        confinement is insufficient to protect the public safety,
        sentence the offender to life imprisonment without parole.
        * * *
        [(b)  Presumption of high risk dangerous offender.--For the
     purposes of subsection (a), an offender shall be presumed to be
     a high risk dangerous offender and shall be deemed to have prior
     convictions for crimes of violence if both of the following
     conditions hold:
            (1)  The offender was previously convicted of a crime of
        violence. The previous conviction need not be for the same
        crime as the instant offense for this section to be
        applicable.
            (2)  The previous conviction occurred within seven years
        of the date of the commission of the instant offense, except
        that any time during which the offender was incarcerated in
        any penitentiary, prison or other place of detention or on
        probation or parole shall not be considered in computing the
        relevant seven-year period. Convictions for other offenses
        arising from the same criminal transaction as the instant
        offense shall not be considered previous convictions for the
        purpose of this section. For purposes of this section
        previous conviction shall include any conviction, whether or
        not judgment of sentence has been imposed or litigation is
        pending concerning that conviction.
        (c)  High risk dangerous offender.--
            (1)  In addition to any other provision of this section,
        a court shall hold a hearing for an offender presumed to be a
        high risk dangerous offender pursuant to the provisions of
        subsection (b). The court shall schedule a hearing and
        receive such evidence from the offender as may be relevant to
        whether the presumption shall apply. If the offender presents
        evidence in opposition to the presumption, the attorney for
        the Commonwealth may present evidence in support of the
        presumption.
            (2)  In determining whether the offender is a high risk
        dangerous offender, the court shall consider, but not be
        limited to, such factors as:
                (i)  Age of the offender.
                (ii)  Age of the victim.
                (iii)  Use of illegal drugs or alcohol by the
            offender.
                (iv)  Offender's prior criminal record.
                (v)  Whether the offense involved multiple victims.
                (vi)  Offender's failure to complete a prior
            sentence.
                (vii)  Any mental illness or mental disability of the
            offender.
                (viii)  If the offense included attempted or actual
            sexual contact with the victim and was part of a
            demonstrated pattern of abuse.
                (ix)  If the offense included a display of unusual
            cruelty by the offender during the commission of the
            crime.
                (x)  The nature and circumstances of the current
            offense.
                (xi)  The use of a deadly weapon as defined in 18
            Pa.C.S. § 2301 (relating to definitions) during the
            commission of the current offense.
                (xii)  The impact of the current offense on the
            victim and the extent of injury caused to the victim as a
            result of the current offense.
            (3)  In determining whether the offender is a high risk
        dangerous offender, the court may order a psychiatric or
        psychological examination of the offender.
            (4)  If the court determines that the offender is a high
        risk dangerous offender, the court shall state on the
        sentencing order that the offender has been determined to be
        a high risk dangerous offender and that the ten-year
        mandatory minimum sentence under this section shall apply.
            (5)  If the court determines that the offender has
        rebutted by clear and convincing evidence the presumption
        that he is a high risk dangerous offender, the court shall
        state on the sentencing order that the defendant has not been
        determined to be a high risk dangerous offender and that the
        ten-year mandatory minimum sentence under this section shall
        not apply.]
        * * *
      § 9795.1.  Registration.
        (a)  Ten-year registration.--The following individuals shall
     be required to register with the Pennsylvania State Police for a
     period of ten years:
            (1)  Individuals convicted of any of the following
        offenses:
                18 Pa.C.S. § 2901 (relating to kidnapping) where the
            victim is a minor.
                18 Pa.C.S. § 3126 (relating to indecent assault)
            where the offense is a misdemeanor of the first degree.
                18 Pa.C.S. § 4302 (relating to incest) where the
            victim is 12 years of age or older but under 18 years of
            age.
                18 Pa.C.S. § 5902(b) (relating to prostitution and
            related offenses) where the actor promotes the
            prostitution of a minor.
                18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
            obscene and other sexual materials and performances)
            where the victim is a minor.
                18 Pa.C.S. § 6312 (relating to sexual abuse of
            children).
                18 Pa.C.S. § 6318 (relating to unlawful contact or
            communication with minor).
                18 Pa.C.S. § 6320 (relating to sexual exploitation of
            children).
            (2)  Individuals convicted of an attempt to commit any of
        the offenses under paragraph (1) or subsection (b)(2).
        * * *
      § 9795.2.  Registration procedures and applicability.
        * * *
        (d)  Penalty.--
            (1)  An individual subject to registration under section
        9795.1(a) who fails to register with the Pennsylvania State
        Police as required in this section commits a felony of the
        third degree.
            (2)  An individual subject to registration under section
        9795.1(b)(1) [or], (2) or (3) who fails to register with the
        Pennsylvania State Police as required in this section commits
        a felony of the first degree and shall be sentenced to a
        mandatory minimum sentence of probation for the remainder of
        the individual's lifetime and may be sentenced to a period of
        incarceration of up to the individual's lifetime.
      § 9795.4.  Assessments.
        * * *
        (c)  Release of information.--All State, county and local
     agencies, offices or entities in this Commonwealth shall
     cooperate by providing copies of records and information as
     requested by the board in connection with the court-ordered
     assessment and the assessment requested by the Pennsylvania
     Board of Probation and Parole.
        * * *
      § 9796.  Verification of residence.
        * * *
        (e)  Penalty.--
            (1)  Any individual subject to registration under section
        9795.1(a) who fails to verify his residence or be
        photographed as required in this section commits a felony of
        the third degree.
            (2)  Any individual subject to registration under section
        9795.1(b)(1) [or], (2) or (3) who fails to verify his
        residence or to be photographed as required in this section
        commits a felony of the first degree and shall be sentenced
        to a mandatory minimum sentence of probation for the
        remainder of the individual's lifetime and may be sentenced
        to a period of incarceration of up to the individual's
        lifetime.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE