Current through P.A. Acts 2020-140
Section 9719.1 - Sentences for offenses committed against law enforcement officer(a) Mandatory sentenceA person convicted of the following offense shall be sentenced to a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702.1(a) (relating to assault of law enforcement officer)--not less than 20 years.(b) Authority of court in sentencingThere 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.(c) Appeal by CommonwealthIf 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.(d) DefinitionsAs used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Law enforcement officer." The term shall have the same meaning as the term "peace officer" is given under 18 Pa.C.S. § 501 (relating to definitions).2008, Oct. 17, P.L. 1628, No. 131, § 9.1, effective in 60 days [Dec. 16, 2008].