§ 9713. Sentences for offenses committed on public transportation.
(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 be sentenced to a minimum sentence of at least five years of total
confinement if the crime occurs in or near public transportation as defined in subsection
(b), notwithstanding any other provision of this title or other statute to the contrary.
(b) Site of commission of crime.--For the purposes of subsection (a), a crime shall be deemed to have occurred in or
near public transportation if it is committed in whole or in part in a vehicle, station,
terminal, waiting area or other facility used by a person, firm, corporation, municipality,
municipal authority or port authority in rendering passenger transportation services
to the public or a segment of the public or if it is committed in whole or in part
on steps, passageways or other areas leading to or from or in the immediate vicinity
of such a public transportation vehicle, station, terminal, waiting area or other
facility.
(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.
(Mar. 8, 1982, P.L.169, No.54, eff. 90 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058,
No.21, eff. 60 days)
1995 Amendment. Act 21, 1st Sp.Sess., amended subsec. (a). 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.
1982 Amendment. Act 54 added section 9713.
Cross References. Section 9713 is referred to in section 9715 of this title.
Notes of Decisions
Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. Ct. 2014).
· cites it 3× “1(c); 42 Pa.C.S. § 9713(c); 42 Pa.C.S. § 9718(c); 42 Pa.”
Commonwealth v. Poland, 26 A.3d 518 (Pa. Super. Ct. 2011).
· cites it 6× “In its appeal, the Commonwealth raises one question for our review: “Did the lower court impose an illegal sentence under 42 Pa.C.S. § 9713?” Commonwealth’s Brief at 4.”
Commonwealth, Aplt. v. Resto, A., 179 A.3d 18 (Pa. 2018).
· cites it 2× “Following the Alleyne decision, the courts of this Commonwealth were tasked with how to reconcile the new rule with a number of similarly-patterned Pennsylvania sentencing statutes that direct the sentencing court to impose a mandatory minimum sentence if it finds an operative…”
Commonwealth v. Watley, 81 A.3d 108 (Pa. Super. Ct. 2013).
“1(c); 42 Pa.C.S. § 9713(c); 42 Pa.C.S. § 9718(c); 42 Pa.”
Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. Ct. 2015).
“1(c) (relating to sentences for certain drug offenses committed with firearms), 19 42 Pa.C.S. § 9713(c) (relating to sentences for offenses committed on public transportation), 20 and 42 Pa.”
Commonwealth v. Mazzetti, 44 A.3d 58 (Pa. 2012).
· cites it 2× “1 (sentences for certain drug offenses committed with firearms), 42 Pa.C.S. § 9713 (sentences for offenses committed on public transportation), 42 Pa.”
Commonwealth v. Ross, 570 A.2d 86 (Pa. 1990).
· cites it 5× “As such, he contends, his offense did not implicate the mandatory sentence provisions of 42 Pa.C.S. § 9713(a), which are applicable to certain enumerated crimes committed “in or near public transportation.”
Commonwealth v. Sanders, 551 A.2d 239 (Pa. 1988).
· cites it 3× “Appellant next contends that the trial court improperly imposed the five-year mandatory minimum sentence required by 42 Pa.C.S. § 9713. That statute requires the imposition of a minimum sentence of five years for those convicted of robbery and other offenses committed “in or…”
Commonwealth v. Hoke, 962 A.2d 664 (Pa. 2009).
“7 *595 In contrast to Section 780-113(k), certain other mandatory minimum sentencing statutes in Pennsylvania specifically apply to conspiracy and other inchoate offenses, thus demonstrating that the legislature was aware of the distinction between inchoate and substantive…”
Commonwealth v. Kuphal, 500 A.2d 1205 (Pa. 1985).
· cites it 2× “§ 9712 (minimum must be at least five years confinement); certain offenses committed on public transportation, 42 Pa.C.S. § 9713 (same); certain second and subsequent offenses, 42 Pa.”
Commonwealth v. Grundy, 561 A.2d 39 (Pa. Super. Ct. 1989).
· cites it 6× “before sentencing of its intention to seek mandatory sentencing for offenses committed on public transportation deprives a defendant of his due process rights; (5) the evidence was insufficient to establish that the incident occurred in an area leading to or from the immediate…”
— 42 Pa. Cons. Stat. § 9713(a) — 3 cases
Commonwealth v. Poland, 26 A.3d 518 (Pa. Super. Ct. 2011).
“In its appeal, the Commonwealth raises one question for our review: “Did the lower court impose an illegal sentence under 42 Pa.C.S. § 9713?” Commonwealth’s Brief at 4.”
Commonwealth v. Ross, 570 A.2d 86 (Pa. 1990).
“As such, he contends, his offense did not implicate the mandatory sentence provisions of 42 Pa.C.S. § 9713(a), which are applicable to certain enumerated crimes committed “in or near public transportation.”
Commonwealth v. Sanders, 551 A.2d 239 (Pa. 1988).
“Appellant next contends that the trial court improperly imposed the five-year mandatory minimum sentence required by 42 Pa.C.S. § 9713. That statute requires the imposition of a minimum sentence of five years for those convicted of robbery and other offenses committed “in or…”
— 42 Pa. Cons. Stat. § 9713(b) — 3 cases
Commonwealth v. Poland, 26 A.3d 518 (Pa. Super. Ct. 2011).
“In its appeal, the Commonwealth raises one question for our review: “Did the lower court impose an illegal sentence under 42 Pa.C.S. § 9713?” Commonwealth’s Brief at 4.”
Commonwealth v. Sanders, 551 A.2d 239 (Pa. 1988).
“Appellant next contends that the trial court improperly imposed the five-year mandatory minimum sentence required by 42 Pa.C.S. § 9713. That statute requires the imposition of a minimum sentence of five years for those convicted of robbery and other offenses committed “in or…”
Commonwealth v. Grundy, 561 A.2d 39 (Pa. Super. Ct. 1989).
“before sentencing of its intention to seek mandatory sentencing for offenses committed on public transportation deprives a defendant of his due process rights; (5) the evidence was insufficient to establish that the incident occurred in an area leading to or from the immediate…”
— 42 Pa. Cons. Stat. § 9713(c) — 8 cases
Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. Ct. 2014).
“1(c); 42 Pa.C.S. § 9713(c); 42 Pa.C.S. § 9718(c); 42 Pa.”
Commonwealth v. Watley, 81 A.3d 108 (Pa. Super. Ct. 2013).
“1(c); 42 Pa.C.S. § 9713(c); 42 Pa.C.S. § 9718(c); 42 Pa.”
Commonwealth v. Reid, 117 A.3d 777 (Pa. Super. Ct. 2015).
“1(c) (relating to sentences for certain drug offenses committed with firearms), 19 42 Pa.C.S. § 9713(c) (relating to sentences for offenses committed on public transportation), 20 and 42 Pa.”
Commonwealth v. Grundy, 561 A.2d 39 (Pa. Super. Ct. 1989).
“before sentencing of its intention to seek mandatory sentencing for offenses committed on public transportation deprives a defendant of his due process rights; (5) the evidence was insufficient to establish that the incident occurred in an area leading to or from the immediate…”
— 42 Pa. Cons. Stat. § 9713(e) — 1 case
Commonwealth v. Poland, 26 A.3d 518 (Pa. Super. Ct. 2011).
“In its appeal, the Commonwealth raises one question for our review: “Did the lower court impose an illegal sentence under 42 Pa.C.S. § 9713?” Commonwealth’s Brief at 4.”
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