Criminal Justice

Procedure for use of prior conviction as element of offense charged. Establishes a procedure for using a defendant's prior conviction to prove an element of an offense charged or to enhance the punishment for the offense charged.

Parole; investigation prior to release; input from the attorney for the Commonwealth. Requires the Parole Board to notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which a prisoner is incarcerated as part of the required investigation to determine if such prisoner will be released on parole. The bill further provides that the attorney for the Commonwealth may submit his input to the Board regarding the impact the release of the prisoner will have on the jurisdiction. The bill requires that any such input received shall be considered by the Board but shall not infringe on the Board's authority to exercise its decision-making authority.

Aggravated murder defined; correctional officers; punishment. Adds to the definition of aggravated murder, which is a Class 1 felony, the willful, deliberate, and premeditated killing of a correctional officer, defined in relevant law, when such killing is for the purpose of interfering with the performance of his official duties. The bill also provides that where the offender was 18 years of age or older at the time of the offense, the punishment shall be no less than a mandatory minimum term of confinement for life.

Callous disregard for human life and probable consequences; penalties. Makes it a Class 1 misdemeanor for any person who commits a criminal act and whose conduct was so gross, wanton, or culpable as to indicate a callous disregard for human life and for the probable consequences of his conduct. The bill enhances the penalty to a Class 6 felony where such person knew or should have known that the consequences of such conduct would pose a greater risk to first responders.

Crimes by gangs; definition of "predicate criminal act"; penalties. Adds the misdemeanor and felony offenses of carrying a concealed weapon and the misdemeanor offense of pointing, holding, or brandishing a firearm, air or gas operated weapon, or object similar in appearance to the definition of "predicate criminal act" related to prohibited criminal street gang participation.

Marijuana field test; testimony as to the results; consuming or possessing marijuana or marijuana products while in a motor vehicle or on public school grounds. Allows a law-enforcement officer to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science regarding whether or not any plant material at issue is marijuana in a trial for a violation of using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway or consuming or possessing marijuana or marijuana products in or on public school grounds, provided the defendant has been given written notice of his right to request a full chemical analysis. Current law allows a law-enforcement officer to testify as to the results of a marijuana field test in a trial for underage possession or consumption of marijuana.

Firearms-related offenses; mandatory minimum sentences; penalty. Increases from five to 10 years for a second or subsequent offense the mandatory minimum sentence for use or display of a firearm during the commission of certain felonies.