HB 641 — An Act amending Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for sentences for second and subsequent offenses; and, in Pennsylvania Board of Probation and Parole, further providing for parole power.

PRINTER'S NO.    651

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 641
                                               Session of
                                                 2025

     INTRODUCED BY MUNROE, GIRAL, KUZMA, HILL-EVANS, HADDOCK, GREEN,
        DALEY, GILLEN, PROBST, KENYATTA AND JAMES, FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 20, 2025


                                    AN ACT
 1   Amending Titles 42 (Judiciary and Judicial Procedure) and 61
 2      (Prisons and Parole) of the Pennsylvania Consolidated
 3      Statutes, in sentencing, further providing for sentences for
 4      second and subsequent offenses; and, in Pennsylvania Board of
 5      Probation and Parole, further providing for parole power.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 9714(g) of Title 42 of the Pennsylvania
 9   Consolidated Statutes is amended and the section is amended by
10   adding a subsection to read:
11   § 9714.    Sentences for second and subsequent offenses.
12      * * *
13      (a.2)    Parole.--Any person sentenced under subsection (a)
14   shall not be eligible for parole until the person has served 70%
15   of the maximum sentence as provided under subsection (a.1).
16      * * *
17      (g)    [Definition.--As used in this section, the term "crime
18   of violence" means murder of the third degree, voluntary
19   manslaughter, manslaughter of a law enforcement officer as
 1   defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
 2   homicide of law enforcement officer), murder of the third degree
 3   involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
 4   (relating to murder of unborn child), aggravated assault of an
 5   unborn child as defined in 18 Pa.C.S. § 2606 (relating to
 6   aggravated assault of unborn child), aggravated assault as
 7   defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
 8   aggravated assault), assault of law enforcement officer as
 9   defined in 18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law
10   enforcement officer), use of weapons of mass destruction as
11   defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
12   destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
13   (relating to terrorism), strangulation when the offense is
14   graded as a felony as defined in 18 Pa.C.S. § 2718 (relating to
15   strangulation), trafficking of persons when the offense is
16   graded as a felony of the first degree as provided in 18 Pa.C.S.
17   § 3011 (relating to trafficking in individuals), rape,
18   involuntary deviate sexual intercourse, aggravated indecent
19   assault, incest, sexual assault, arson endangering persons or
20   aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1)
21   (relating to arson and related offenses), ecoterrorism as
22   classified in 18 Pa.C.S. § 3311(b)(3) (relating to
23   ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §
24   3502(a)(1) (relating to burglary), robbery as defined in 18
25   Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
26   robbery of a motor vehicle, drug delivery resulting in death as
27   defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
28   resulting in death), or criminal attempt, criminal conspiracy or
29   criminal solicitation to commit murder or any of the offenses
30   listed above, or an equivalent crime under the laws of this

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 1   Commonwealth in effect at the time of the commission of that
 2   offense or an equivalent crime in another jurisdiction.]
 3   Definitions.--As used in this section, the following words and
 4   phrases shall have the meanings given to them in this subsection
 5   unless the context clearly indicates otherwise:
 6      "Crime of violence."   An offense under any of the following:
 7          (1)   18 Pa.C.S. § 901 (relating to criminal attempt),
 8      involving an attempt to commit an offense under 18 Pa.C.S. §
 9      2502(a) or (b) (relating to murder) or 2507(a) or (b)
10      (relating to criminal homicide of law enforcement officer) or
11      any of the offenses under paragraph (4), (5), (6), (7), (8),
12      (9), (10), (11), (12), (13), (14), (15), (16), (17), (18),
13      (19), (20), (21) or (22).
14          (2)   18 Pa.C.S. § 902 (relating to criminal
15      solicitation), involving solicitation to commit an offense
16      under 18 Pa.C.S. § 2502(a) or (b) or 2507(a) or (b) or any of
17      the offenses under paragraph (4), (5), (6), (7), (8), (9),
18      (10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
19      (20), (21) or (22).
20          (3)   18 Pa.C.S. § 903 (relating to criminal conspiracy),
21      involving conspiracy to commit an offense under 18 Pa.C.S. §
22      2502(a) or (b) or 2507(a) or (b) or any of the offenses under
23      paragraph (4), (5), (6), (7), (8), (9), (10), (11), (12),
24      (13), (14), (15), (16), (17), (18), (19), (20), (21) or (22).
25          (4)   18 Pa.C.S. § 2502(c).
26          (5)   18 Pa.C.S. § 2503 (relating to voluntary
27      manslaughter).
28          (6)   18 Pa.C.S. § 2506 (relating to drug delivery
29      resulting in death).
30          (7)   18 Pa.C.S. § 2507(c) or (d).

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 1        (8)     18 Pa.C.S. § 2701(a)(3) or (4) (relating to simple
 2    assault).
 3        (9)     18 Pa.C.S. § 2702(a)(1) or (2) (relating to
 4    aggravated assault).
 5        (10)     18 Pa.C.S. § 2702.1 (relating to assault of law
 6    enforcement officer).
 7        (11)     18 Pa.C.S. § 2901 (relating to kidnapping).
 8        (12)     18 Pa.C.S. § 3121 (relating to rape).
 9        (13)     18 Pa.C.S. § 3123 (relating to involuntary deviate
10    sexual intercourse).
11        (14)     18 Pa.C.S. § 3124.1 (relating to sexual assault).
12        (15)     18 Pa.C.S. § 3125 (relating to aggravated indecent
13    assault).
14        (16)     18 Pa.C.S. § 3301(a) (relating to arson and related
15    offenses).
16        (17)     18 Pa.C.S. § 3502 (relating to burglary), if at the
17    time of the offense the structure entered was adapted for
18    overnight accommodation.
19        (18)     18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating
20    to robbery).
21        (19)     18 Pa.C.S. § 3702 (relating to robbery of motor
22    vehicle).
23        (20)     18 Pa.C.S. § 4302 (relating to incest).
24        (21)     18 Pa.C.S. § 4952 (relating to intimidation of
25    witnesses or victims), involving a witness to or a victim of
26    a violation of 18 Pa.C.S. § 2502 or 2507 or any of the
27    offenses under paragraph (1), (2), (3), (4), (5), (6), (7),
28    (8), (9), (10), (11), (12), (13), (14), (15), (16), (17),
29    (18), (19), (20), (22), (23) or (24) or a violation of
30    section 13(a)(30) of the act of April 14, 1972 (P.L.233,

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 1      No.64), known as The Controlled Substance, Drug, Device and
 2      Cosmetic Act.
 3             (22)    18 Pa.C.S. § 4953 (relating to retaliation against
 4      witness, victim or party), involving a witness to, victim of
 5      or party to a proceeding alleging a violation of 18 Pa.C.S. §
 6      2502 or 2507 or any of the offenses under paragraph (1), (2),
 7      (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
 8      (14), (15), (16), (17), (18), (19), (20), (21), (23) or (24)
 9      or a violation of section 13(a)(30) of The Controlled
10      Substance, Drug, Device and Cosmetic Act.
11             (23)    A crime equivalent to one listed under paragraph
12      (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
13      (12), (13), (14), (15), (16), (17), (18), (19), (20), (21) or
14      (22) under the laws of this Commonwealth in effect at the
15      time of the commission of the offense.
16             (24)    A crime equivalent to one listed under paragraph
17      (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),
18      (12), (13), (14), (15), (16), (17), (18), (19), (20), (21) or
19      (22) under Federal law or in a jurisdiction outside this
20      Commonwealth.
21      Section 2.      Section 6137(a)(3.1)(ii) of Title 61 is amended
22   and the subsection is amended by adding a paragraph to read:
23   § 6137.    Parole power.
24      (a)    General criteria for parole.--
25             * * *
26             (1.1)    The board may not release on parole any inmate
27      serving a sentence imposed under 42 Pa.C.S. § 9714(a)
28      (relating to sentences for second and subsequent offenses)
29      until the inmate has served at least 70% of the maximum
30      sentence as provided under 42 Pa.C.S. § 9714(a.1).

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 1        * * *
 2        (3.1)     * * *
 3             (ii)    This paragraph shall not apply to offenders who
 4        are currently serving a term of imprisonment for a crime
 5        of violence as defined in 42 Pa.C.S. § 9714 [(relating to
 6        sentences for second and subsequent offenses)] or for a
 7        crime requiring registration under 42 Pa.C.S. Ch. 97
 8        Subch. H (relating to registration of sexual offenders).
 9             * * *
10    Section 3.    This act shall take effect in 60 days.




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