§ 9712.1. Sentences for certain drug offenses committed with firearms.
(a) Mandatory sentence.--Any person who is convicted of a violation of section 13(a)(30) of the act of April
14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic
Act, when at the time of the offense the person or the person's accomplice is in physical
possession or control of a firearm, whether visible, concealed about the person or
the person's accomplice or within the actor's or accomplice's reach or in close proximity
to the controlled substance, shall likewise be sentenced to a minimum sentence of
at least five years of total confinement.
(b) Limitation on aggregate sentences.--Where a defendant is subject to a mandatory minimum sentence under 18 Pa.C.S. § 7508(a)
(relating to drug trafficking sentencing and penalties) and is also subject to an
additional penalty under subsection (a) and where the court elects to aggregate these
penalties, the combined minimum sentence may not exceed the statutory maximum sentence
of imprisonment allowable under The Controlled Substance, Drug, Device and Cosmetic
Act.
(c) 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.
(d) 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.
(e) 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.
(f) Definition.--As used in this section, the term "firearm" shall have the same meaning as that given
to it in section 9712 (relating to sentences for offenses committed with firearms).
(Dec. 1, 2004, P.L.1747, No.225, eff. 60 days)
2004 Amendment. Act 225 added section 9712.1. See section 2 of Act 225 in the appendix to this title
for special provisions relating to public information campaign.
Cross References. Section 9712.1 is referred to in sections 4503, 4601, 6137.1 of Title 61 (Prisons
and Parole).
Notes of Decisions
Commonwealth v. Barnes, K., Aplt., 151 A.3d 121 (Pa. 2016).
· cites it 8× “The trial court sentenced Appellant to 5 to 10 years’ imprisonment on the PWID conviction, which included a 5-year mandatory minimum sentence pursuant to 42 Pa.C.S. § 9712.1, based on the trial court’s finding that Appellant was in constructive possession of drugs “in close…”
Commonwealth v. Munday, 78 A.3d 661 (Pa. Super. Ct. 2013).
· cites it 10× “2d 314 (2013), Appellant argues the imposition of a mandatory minimum term of 5 years’ incarceration pursuant to 42 Pa.C.S. § 9712.1 constitutes an illegal sentence because the facts necessary for imposition of the mandatory minimum were not established beyond a reasonable doubt.”
Com. v. Ruiz, J., Jr., 131 A.3d 54 (Pa. Super. Ct. 2015).
· cites it 7× “In this case, the court applied the mandatory minimum sentencing provision set' forth in 42 Pa.C.S. § 9712.1 (“Sentences for certain drug offenses committed with firearms”), 2 and Ruiz was sentenced *56 to serve an aggregate term of six to 20 years of incarceration in a state…”
Commonwealth v. Ramos, 83 A.3d 86 (Pa. 2013).
· cites it 15× “This appeal questions whether the imposition of a five-year mandatory minimum prison sentence pursuant to 42 Pa.C.S. § 9712.1 violates Pennsylvania’s indeterminate sentencing scheme set forth in 42 Pa.”
Commonwealth v. Watley, 81 A.3d 108 (Pa. Super. Ct. 2013).
· cites it 4× “The court imposed a mandatory minimum sentence of five years pursuant to 42 Pa.C.S. § 9712.1. 2 In addition, the court sentenced Appellant to a consecutive three and one-half to seven year term of imprisonment for both firearms not to be carried without a license convictions,…”
Commonwealth, Aplt. v. Resto, A., 179 A.3d 18 (Pa. 2018).
· cites it 5× “42 Pa.C.S. § 9712.1 2 Section 1925 provides: (continued…) [J-41D-2017] [OAJC: Saylor, C.”
Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. Ct. 2014).
· cites it 3× “§ 9712(c); 42 Pa. C.S. § 9712.1(c); 42 Pa.C.S. § 9713(c); 42 Pa.”
Commonwealth, Aplt v. Dimatteo, P., 177 A.3d 182 (Pa. 2018).
· cites it 8× “Super 2014) (en banc) (declaring 42 Pa.C.S. § 9712.1 unconstitutional because it increased the penalty for certain drug offenses when a judge finds, by a preponderance of the evidence, that at the time of the offense, the offender was in possession of a firearm).”
Commonwealth v. Zortman, 985 A.2d 238 (Pa. Super. Ct. 2009).
· cites it 12× “¶ 2 On November 20, 2006, Appellee was charged with possession of a controlled substance, possession of a controlled substance with intent to deliver, possession of drug paraphernalia, and conspiracy.”
Commonwealth v. Hanson, 82 A.3d 1023 (Pa. 2013).
· cites it 5× “Throughout the course of his arguments, Appellant invokes various other principles of statutory construction, including the axiom disfavoring surplusage (in connection with his argument that control and close proximity must be considered separately), see Brief for Appellant at…”
Commonwealth v. Stokes, 38 A.3d 846 (Pa. Super. Ct. 2011).
· cites it 3× “Thus, the court did not err in refusing to give the special interrogatory and Appellant’s claim fails.”
Commonwealth v. Baker, 72 A.3d 652 (Pa. Super. Ct. 2013).
· cites it 2× “Whether the trial court erred in applying the 5-year mandatory minimum at 42 Pa.C.S. § 9712.1 when the Commonwealth failed to [prove] that the substance proximate to the firearm was a controlled substance or that such substance was possessed with the intent to deliver? 3.”
— 42 Pa. Cons. Stat. § 9712.1(a) — 27 cases
Commonwealth v. Hanson, 82 A.3d 1023 (Pa. 2013).
“Throughout the course of his arguments, Appellant invokes various other principles of statutory construction, including the axiom disfavoring surplusage (in connection with his argument that control and close proximity must be considered separately), see Brief for Appellant at…”
Com. v. Ruiz, J., Jr., 131 A.3d 54 (Pa. Super. Ct. 2015).
“In this case, the court applied the mandatory minimum sentencing provision set' forth in 42 Pa.C.S. § 9712.1 (“Sentences for certain drug offenses committed with firearms”), 2 and Ruiz was sentenced *56 to serve an aggregate term of six to 20 years of incarceration in a state…”
Commonwealth v. Ramos, 83 A.3d 86 (Pa. 2013).
“This appeal questions whether the imposition of a five-year mandatory minimum prison sentence pursuant to 42 Pa.C.S. § 9712.1 violates Pennsylvania’s indeterminate sentencing scheme set forth in 42 Pa.”
— 42 Pa. Cons. Stat. § 9712.1(b) — 2 cases
— 42 Pa. Cons. Stat. § 9712.1(c) — 24 cases
Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. Ct. 2014).
“§ 9712(c); 42 Pa. C.S. § 9712.1(c); 42 Pa.C.S. § 9713(c); 42 Pa.”
Commonwealth v. Watley, 81 A.3d 108 (Pa. Super. Ct. 2013).
“The court imposed a mandatory minimum sentence of five years pursuant to 42 Pa.C.S. § 9712.1. 2 In addition, the court sentenced Appellant to a consecutive three and one-half to seven year term of imprisonment for both firearms not to be carried without a license convictions,…”
Com. v. Ruiz, J., Jr., 131 A.3d 54 (Pa. Super. Ct. 2015).
“In this case, the court applied the mandatory minimum sentencing provision set' forth in 42 Pa.C.S. § 9712.1 (“Sentences for certain drug offenses committed with firearms”), 2 and Ruiz was sentenced *56 to serve an aggregate term of six to 20 years of incarceration in a state…”
— 42 Pa. Cons. Stat. § 9712.1(f) — 1 case
Commonwealth v. Zortman, 985 A.2d 238 (Pa. Super. Ct. 2009).
“¶ 2 On November 20, 2006, Appellee was charged with possession of a controlled substance, possession of a controlled substance with intent to deliver, possession of drug paraphernalia, and conspiracy.”
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