A blog of the Philadelphia Bar Association’s Criminal Justice Section

imgres.jpgOn  March 7, Representative Todd Stephens (R-Montgomery) introduced House Bill 741, which would restore mandatory sentences for drug offenses.   The bill would require that enhancement provisions be proven beyond a reasonable doubt to the fact finder (jury or in a bench trial).

Click for text of bill.   The bill has been referred to the House Judiciary Committee.

Prior enhancement provisions were nullified by the Courts because the judge at sentencing–rather than a jury–determined whether enhancements would apply.

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