THE COURTS
PENNSYLVANIA COMMISSION ON SENTENCING
[204 PA. CODE CH. 303]
Proposed Offense Gravity Scores for New Offenses and Drug Offenses
[27 Pa.B. 289] The Pennsylvania Commission on Sentencing is hereby submitting proposed offense gravity scores (OGS) for new and amended offenses passed by the legislature during 1996. These proposed scores are for offenses that were not included in the proposed guideline revisions that were published in the July 20, 1996 edition (vol. 26, No. 29) of the Pennsylvania Bulletin and were the subject of public hearings in the Fall of 1996.
The Commission is also proposing four changes to the recommendations for drug offenses: 1) that the exception for prescription pills be limited to Schedule II drugs (rather than for all schedules) for convictions under 35 P. S. § 780-113(a)(12); 2) that the categories for prescription pills be changed to align them better with the weight categories; 3) that the offense gravity score for convictions under 35 P. S. § 780-113(a)(12), (14) and (30) involving a schedule V drug be raised from 1 to 3 to make it consistent with the recommendation for simple possession; and 4) that the threshold for the lowest quantity of drugs be lowered from 2.5 grams to 1 gram for convictions under 35 P. S. § 780-113(a)(12), (14) and (30) when the drug is heroin.
The procedure for amending the guidelines is mandated by 42 Pa.C.S. § 2155. This statute requires that all changes to the guidelines be published and that public hearings be held no sooner than thirty days and no later than sixty days from the date of this publication. The Commission will be holding a public hearing for persons to testify on the proposed changes at the following location:
Harrisburg Friday, February 21st, 1997 at 9:00 a.m.
Penn State Downtown Center
Room 101
234 North Front StreetArrangements to testify can be made by contacting the Commission via phone (814) 863-2797 (extension 1), fax (814) 865-0861 or E-mail (CWD2@.psu.edu). Written testimony should be addressed to Dr. John Kramer, Executive Director, Commission on Sentencing, P. O. Box 1200, State College, PA 16804. Persons who are testifying are requested to bring 30 copies of their testimony to the public hearing.
The Commission will evaluate the proposed offense gravity scores for these offenses after consideration of the testimony and comments received. The proposed scores adopted by the Commission will then be incorporated into the entire package of proposed revisions and submitted to the General Assembly for its review, by publication in the Pennsylvania Bulletin. At that time, the proposed amendments would become effective within 90 days of their submission unless rejected by concurrent resolution by the legislature.
SENATOR DAVID W. HECKLER,
Chair
Table 1: Proposed offense gravity scores for new/amended offenses
TITLE SECTION OFFENSE OLD NEW PROPOSED 1996 EFFECTIVE STATUTORY STATUTORY OGS REGULAR DATE GRADE GRADE SESSION 18 907 Possessing instruments of crime (c) Unlawful body armor new F3 5 Act 1996-98 Sep. 9, 1996 18 2702(a)(6) Aggravated assault (fear SBI) new F2 6 Act 1996-7 Apr. 23, 1996 18 3304 Criminal mischief (b) >$150 under (a)(4) new M3 1 Act 1996-198 Feb. 18, 1997 18 3929 Retail theft (b)(1)(v) >$2,000, firearm, motor vehicle new F3 5 Act 1996-200 Feb. 18, 1997 18 3930 Theft of trade secrets Act 1996-128 Dec. 16, 1996 (a) F3 F2 7 (b) M1 F3 5 18 4105 Bad checks Act 1996-201 Feb. 18, 1997 (c)(1)(ii) $200-<$500 S M3 1 (c)(1)(iii) $500-<$1,000 S/M2 M2 2 (c)(1)(iv) $1,000-<$75,000 M2 M1 3 (c)(1)(v) $75,000 or more M2 F3 5 (c)(2)* 3rd/sub. <$75,000 M2 M1 3 (c)(2)* 3rd/sub.>$75,000 or more M2 F3 5 18 4107 Deceptive/fraud. bus. practices Act 1996-145 Feb. 3, 1997 (a.1)(1)(i) >$2,000 M2 F3 5 (a.1)(1)(ii) $200-$2,000 M2 M1 3 (a.1)(1)(iii) <$200 M2 M2 2 (a.1)(1)(iv) amount unknown M2 M2 2 (a.1)(3)(i) >$2,000, victim 60yrs. + M2 F2 7 (a.1)(3)(ii) $200-$2,000, victim 60yrs. + M2 F3 5 (a.1)(3)(iii) <$200, victim 60yrs. + M2 M1 3 (a.1)(3)(iv) amount unknown, victim 60 yrs. + M2 M1 3 18 4116 Copying; recording devices Act 1996-194 Feb. 18, 1997 (g)(1)* 100 or more pictures; 1,000 or more recording devices M1 F3 5 (g)(1)* 2nd; sub. conv. M1 F2 7 (g)(2)* any other violation M1 M1 3 (g)(2)* 2nd; sub. conv. M1 F3 5 18 4116.1 Unlawful Operation of recording Act 1996-194 Feb. 18, 1997 device in theater 1st violation new M1 3 2nd/sub. violation new F3 5 18 4118 Washing titles [vehicles] new F3 4 Act 1996-11 May 20, 1996 18 4119 Trademark counterfeiting Act 1996-128 Dec. 16, 1996 (c)(1) new M1 3 (c)(2) Previous conv. >$100->$1,000 new F3 5 or >$2,000-<$10,000 (c)(3) 2 or more previous conv. >1,000 items or >$10,000 new F2 7 18 4913 Impersonating Notary Public new M1 3 Act 1996-11 May 20, 1996 18 6301 Corruption of minors (a)(2) Aid truancy, subseq. viol. new M3 1 Act 1996-98 Sep. 9, 1996 42 9793(e) Failure to register [Megan's Law] new F3 6 Act 1996-46 May 22, 1996 75 7132 Prohibited activities, odometer Act 1996-11 May 20, 1996 first offense [subchapter D] M3 F3 4 subsequent offense [subchapter M1 F3 4 75 7133 Permissible activities, odometer Act 1996-11 May 20, 1996 first offense [subchapter D] M3 F3 4 subsequent offense [subchapter M1 F3 4 75 7134 Odometer disclosure requirements Act 1996-11 May 20, 1996 first offense [subchapter D] M3 F3 4 subsequent offense [subchapter M1 F3 4 75 7135 Odometer mileage statement Act 1996-11 May 20, 1996 first offense [subchapter D] M3 F3 4 subsequent offense [subchapter M1 F3 4 75 7136 Conspiracy to violate Act 1996-11 May 20, 1996 first offense [subchapter D] M3 F3 4 subsequent offense [subchapter M1 F3 4 75 7137 Violation of unfair trade practices Act 1996-11 May 20, 1996 first offense [subchapter D] M3 F3 4 subsequent offense [subchapter M1 F3 4 75 3742 Accidents involving death or personal injury (failure to stop) Act 1996-18 Jun 3, 1996 (b)(1) failure to stop M3 M1 3 (b)(2) resulting in SBI M1 F3 5 (b)(3) resulting in death M1 F3 6 75 3742.1 Accidents involving death or personal injury; no license Act 1996-8 Apr. 23, 1996 (b)(1) suspended license new M2 2 (b)(1) no license issued new M3 1 (b)(2)* SBI, suspended license new F3 4 (b)(2)* death, suspended license new F3 5 (b)(2)* SBI, no license issued new M1 3 (b)(2)* death, no license issued new M1 4 NOTE: These proposed offense gravity scores (OGS) are an addendum to the proposed guideline changes that were published in the July 20, 1996 edition of the Pennsylvania Bulletin (vol. 26, No. 29) * It is proposed that these offenses be subcategorized by the Commission.
Table 2: Proposed Offense Gravity Scores for Select Drug Offenses
Crime 35 P. S. Offense § 780-113(a) Description Grade Gravity Score (12) Acquisition of Controlled Substance by Fraud: Heroin (1 gram-10 grams) F [6]/[8] 7 Heroin (<1 gram) F 6 Other Narcotics of Schedule I and II, Cocaine, PCP,
Methamphetamine (<2.5-<10 gms)F [8] 7 Other Narcotics of Schedule I and II, Cocaine, PCP,
Methamphetamine (<2.5g)F 6 Schedule V M [1] 3 Prescription Pills involving Schedule II drug (>100 pills) F 10 Prescription Pills involving Schedule II drug (51-100 pills) F 9 Prescription Pills involving Schedule II drug (21-[100] 50 pills) F [9] 8 Prescription Pills involving Schedule II drug (10-20 pills) F [7] 6 Prescription Pills involving Schedule II drug (1-9 pills) F [5] 6 Schedule V M [1] 3 (14) Delivery by Practitioner: Heroin (1 gram-10 grams) F [6]/[8] 7 Heroin (<1 gram) F 6 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (<2.5-<10 gms) F [8] 7 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (<2.5g) F 6 Schedule V M [1] 3 (30) Possession With Intent to Deliver (PWID): Heroin (1 gram-10 grams) F [6]/[8] 7 Heroin (<1 gram) F 6 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (<2.5-<10 gms) F [8] 7 Other Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine (<2.5g) F 6 Schedule V M [1] 3 NOTE: These proposed offense gravity scores (OGS) are
an addendum to the proposed guideline changes
that were published in the July 20, 1996 edition of the
Pennsylvania Bulletin (vol. 26, No. 29)
[Pa.B. Doc. No. 97-74. Filed for public inspection January 17, 1997, 9:00 a.m.]
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