9712 - Sentences for offenses committed with firearms.

     § 9712.  Sentences for offenses committed with firearms.        (a)  Mandatory sentence.--Except as provided under section     9716 (relating to two or more mandatory minimum sentences     applicable), any person who is convicted in any court of this     Commonwealth of a crime of violence as defined in section     9714(g) (relating to sentences for second and subsequent     offenses), shall, if the person visibly possessed a firearm or a     replica of a firearm, whether or not the firearm or replica was     loaded or functional, that placed the victim in reasonable fear     of death or serious bodily injury, during the commission of the     offense, 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. Such persons     shall not be eligible for parole, probation, work release or     furlough.        (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 court shall consider any evidence     presented at trial and shall afford the Commonwealth and the     defendant an opportunity to present any 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)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Firearm."  Any weapon, including a starter gun, which will     or is designed to or may readily be converted to expel a     projectile by the action of an explosive or the expansion of gas     therein.        "Replica of a firearm."  An item that can reasonably be     perceived to be a firearm.     (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 13, 1995, 1st     Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 11, 1995, 1st     Sp.Sess., P.L.1058, No.21, eff. 60 days)        1995 Amendments.  Act 17, 1st Sp.Sess., amended subsecs. (a)     and (e) and Act 21, 1st Sp.Sess., amended subsec. (a). See the     preamble to Act 17, 1st Sp.Sess., in the appendix to this title     for special provisions relating to legislative purpose. Section     6 of Act 21, 1st Sp.Sess., provided that the amendment of     subsec. (a) shall apply to all offenses committed on or after     the effective date of Act 21.        Cross References.  Section 9712 is referred to in sections     9712.1, 9715 of this title; section 2702.1 of Title 18 (Crimes     and Offenses); section 6137 of Title 61 (Prisons and Parole).