9714 - Sentences for second and subsequent offenses.

     § 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, 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. 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.        (a.1)  Mandatory maximum.--An offender sentenced to a     mandatory minimum sentence under this section shall be sentenced     to a maximum sentence equal to twice the mandatory minimum     sentence, notwithstanding 18 Pa.C.S. § 1103 (relating to     sentence of imprisonment for felony) or any other provision of     this title or other statute to the contrary.        (b)  Presumption of high risk dangerous offender.--(Deleted     by amendment).        (c)  High risk dangerous offender.--(Deleted by amendment).        (d)  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, prior to     imposing sentence on an offender under subsection (a), shall     have a complete record of the previous convictions of the     offender, copies of which shall be furnished to the offender. If     the offender or the attorney for the Commonwealth contests the     accuracy of the record, the court shall schedule a hearing and     direct the offender and the attorney for the Commonwealth to     submit evidence regarding the previous convictions of the     offender. The court shall then determine, by a preponderance of     the evidence, the previous convictions of the offender and, if     this section is applicable, shall impose sentence in accordance     with this section. Should a previous conviction be vacated and     an acquittal or final discharge entered subsequent to imposition     of sentence under this section, the offender shall have the     right to petition the sentencing court for reconsideration of     sentence if this section would not have been applicable except     for the conviction which was vacated.        (e)  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     subsections (a) and (a.1) 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.        (f)  Appeal by Commonwealth.--If a sentencing court shall     refuse 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 the imposition     of a sentence in accordance with this section if it finds that     the sentence was imposed in violation of this section.        (g)  Definition.--As used in this section, the term "crime of     violence" means murder of the third degree, voluntary     manslaughter, aggravated assault as defined in 18 Pa.C.S. §     2702(a)(1) or (2) (relating to aggravated assault), rape,     involuntary deviate sexual intercourse, aggravated indecent     assault, incest, sexual assault, arson as defined in 18 Pa.C.S.     § 3301(a) (relating to arson and related offenses), kidnapping,     burglary of a structure adapted for overnight accommodation in     which at the time of the offense any person is present, robbery     as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)     (relating to robbery), or robbery of a motor vehicle, or     criminal attempt, criminal conspiracy or criminal solicitation     to commit murder or any of the offenses listed above, or an     equivalent crime under the laws of this Commonwealth in effect     at the time of the commission of that offense or an equivalent     crime in another jurisdiction.     (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982,     P.L.512, No.141, eff. imd.; Dec. 11, 1986, P.L.1521, No.165,     eff. 60 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff.     60 days; May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 20,     2000, P.L.811, No.113, eff. 60 days)        2000 Amendments.  Act 18 amended subsec. (g) and Act 113     amended subsec. (a) and deleted subsecs. (b) and (c). Section     5(1) of Act 18 provided that Act 18 shall apply to proceedings     initiated on or after the effective date of Act 18.        1995 Amendment.  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 9714 is referred to in sections     9712, 9713, 9715, 9795.4 of this title; section 1103 of Title 18     (Crimes and Offenses); sections 6135, 6137 of Title 61 (Prisons     and Parole).