§ 9718.4. Sentence for failure to comply with registration of sexual offenders
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: December 20, 2012
Effective: December 20, 2012
42 Pa.C.S.A. § 9718.4
Formerly cited as PA ST 42 Pa.C.S.A. § 9718.3
§ 9718.4. Sentence for failure to comply with registration of sexual offenders
(b) Proof at sentencing.--The 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.
Credits
2011, Dec. 20, P.L. 446, No. 111, § 6, effective in one year [Dec. 20, 2012].
42 Pa.C.S.A. § 9718.4, PA ST 42 Pa.C.S.A. § 9718.4
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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