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Senate Bill 687 Printer's Number 760

PENNSYLVANIA, May 14 - 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.] Application of

mandatory minimum penalty.--Any provision of this section that

requires imposition of a mandatory minimum sentence shall

constitute an element enhancing the underlying offense. Any

enhancing element must be proven beyond a reasonable doubt at

trial on the underlying offense and must be submitted to the

fact-finder for deliberation together with the underlying

offense. If the fact-finder finds the defendant guilty of the

underlying offense, the fact-finder shall then also decide

whether any enhancing element has been proven.

* * *

(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.] If the fact-

finder has found any enhancing element and a sentencing court

imposes a sentence below the mandatory minimum sentence, the

Commonwealth shall have the right to appellate review of the

sentence. If the appellate court finds that the mandatory

sentencing provision was applicable, the court shall vacate the

sentence and remand the case for resentencing in accordance with

that provision.

* * *

Section 2. This act shall take effect in 60 days.

20210SB0687PN0760 - 2 -

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