Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Prior convictions and
adjudications of delinquency.
(1) A
prior conviction means "previously convicted" as defined in
42 Pa.C.S. §
2154(a)(2). A prior
adjudication of delinquency means "previously adjudicated delinquent" as
defined in
42Pa.C.S.§ 2154(a)(2). In order for an
offense to be considered in the Prior Record Score, both the commission of and
conviction for the previous offense must occur before the commission of the
current offense.
(2) When the prior
conviction or adjudication of delinquency was committed over a range of dates,
the later date shall be used to determine if the prior offense meets the
criteria in 303.8(a)(1) and is counted in the prior record
score.
(b)
Inchoate offenses. Unless otherwise provided in §
303.7 or §
303.15, a prior conviction or
adjudication of delinquency for criminal attempt, criminal solicitation or
criminal conspiracy is scored under §
303.7 based upon the grade of the
inchoate offense.
(c)
Ethnic Intimidation. Unless otherwise provided in §
303.7 or §
303.15, a prior conviction or
adjudication of delinquency for Ethnic Intimidation is scored under §
303.7 based upon the grade of the
Ethnic Intimidation.
(d)
Former Pennsylvania offenses.
(1) A prior conviction or adjudication of
delinquency under former Pennsylvania law is scored as a conviction for the
current equivalent Pennsylvania offense.
(2) When there is no current equivalent
Pennsylvania offense, prior convictions or adjudications of delinquency are
scored under §
303.7 based on the grade of the
offense. When a prior conviction or adjudication of delinquency was for a
felony, but the grade of the felony is unknown, it shall be treated as a Felony
3. When a prior conviction was for a misdemeanor, but the grade of the
misdemeanor is unknown, it shall be treated as other misdemeanors. When it
cannot be determined if the prior conviction was a felony, one point
misdemeanors, or other misdemeanors, it shall be treated as other misdemeanors.
When a prior conviction is for a crime which has a summary grade, and the grade
of the conviction is unknown, the prior conviction shall not be counted in the
Prior Record Score.
(e) A
prior conviction or adjudication of delinquency for an offense which was
misgraded is scored as a conviction for the current equivalent Pennsylvania
offense.
(f)
Out-of-state,
federal or foreign offenses.
(1) An
out-of-state, federal or foreign conviction or adjudication of delinquency is
scored as a conviction for the current equivalent Pennsylvania
offense.
(2) A court-martial for a
criminal offense under the Uniform Code of Military Justice is considered a
federal conviction and is scored as a conviction for the current equivalent
Pennsylvania offense. Non-judicial punishments or administrative actions (e.g.,
Article 15, Article 134) which are not convictions shall not be counted in the
Prior Record Score.
(3) When there
is no current equivalent Pennsylvania offense, determine the current equivalent
Pennsylvania grade of the offense based on the maximum sentence permitted, and
then apply § 303.8(d)(2).
(g)
Excluded offenses, charges and
convictions. The following types of offenses, charges and convictions
shall not be scored in the Prior Record Score:
(1) Summary offenses, violations of local
ordinances, direct or indirect contempt of court, violation of protection from
abuse orders, and dispositions under Pa.R.Crim.P. Rules 300-320 (relating to
accelerated rehabilitative disposition),
35
P.S. §
780-117 (relating to probation without
verdict) or
35
P.S. §
780-118 (relating to disposition in
lieu of trial or criminal punishment).
(2) A charge which is nolle prossed,
dismissed, or on which a demurrer is sustained.
(3) Any prior conviction which contributed to
an increase in the grade of a subsequent conviction, except for prior Driving
Under the Influence of Alcohol or Controlled Substance convictions.
This section cited in 204 Pa. Code §
303.2 (relating to procedure for
determining the guideline sentence); and 204 Pa. Code §
303.15 (relating to offense
listing).
