PRINTER'S NO. 1517
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1326
Session of
2023
INTRODUCED BY OWLETT, RADER, KUTZ, SMITH, PICKETT, ZIMMERMAN,
MOUL, M. BROWN, COOK, RIGBY, JAMES, MUSTELLO, FLICK, MERCURI
AND STRUZZI, JUNE 12, 2023
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 12, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in criminal homicide, repealing provisions relating
to the offense of drug delivery resulting in death; in
assault, providing for the offense of drug delivery resulting
in death or serious bodily injury; in arson, criminal
mischief and other property destruction, further providing
for additional fine for arson committed for profit; in
wiretapping and electronic surveillance, further providing
for definitions; in limitation of time, further providing for
no limitation applicable and for other offenses; and, in
sentencing, further providing for sentences for second and
subsequent offenses.
This act shall be known and may be cited as Isaiah's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2506 of Title 18 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 2506. Drug delivery resulting in death.
(a) Offense defined.--A person commits a felony of the first
degree if the person intentionally administers, dispenses,
delivers, gives, prescribes, sells or distributes any controlled
substance or counterfeit controlled substance in violation of
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section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, and another person dies as a result of using the
substance.
(b) Penalty.--
(1) A person convicted under subsection (a) shall be
sentenced to a term of imprisonment which shall be fixed by
the court at not more than 40 years.
(2) Paragraph (1) shall not apply to a person convicted
under section 2502(c) (relating to murder) when the victim is
less than 13 years of age and the conduct arises out of the
same criminal act.
(f) Forfeiture.--Assets against which a forfeiture petition
has been filed and is pending or against which the Commonwealth
has indicated an intention to file a forfeiture petition shall
not be subject to a fine. Nothing in this section shall prevent
a fine from being imposed on assets which have been subject to
an unsuccessful forfeiture petition.]
Section 2. Title 18 is amended by adding a section to read:
§ 2720. Drug delivery resulting in death or serious bodily
injury.
(a) Offense defined.--A person commits an offense if the
person unlawfully and intentionally administers, dispenses,
delivers, gives, prescribes, sells or distributes a controlled
substance or counterfeit controlled substance and another person
dies or suffers serious bodily injury as a result of using the
substance, alone or in combination with any other substance.
(b) Penalty.--
(1) Except as provided under paragraph (2), the
following apply:
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(i) If the offense resulted in the death of the
victim, the offense constitutes a felony of the first
degree and the person shall be sentenced to a term of
imprisonment which shall be fixed by the court at not
more than 40 years.
(ii) If the offense resulted in serious bodily
injury to the victim, the offense constitutes a felony of
the third degree.
(2) Paragraph (1)(i) shall not apply to a person
convicted under section 2502(c) (relating to murder) when the
victim is less than 13 years of age and the conduct arises
out of the same criminal act.
(c) Affirmative defense.--It shall be an affirmative defense
under this section that the person was not given or did not
receive any service or anything of value in exchange for the
delivery of the substance.
(d) Forfeiture.--Assets against which a forfeiture petition
has been filed and is pending or against which the Commonwealth
has indicated an intention to file a forfeiture petition shall
not be subject to a fine. Nothing in this section shall prevent
a fine from being imposed on assets which have been subject to
an unsuccessful forfeiture petition.
(e) Definition.--As used in this section, the term
"unlawfully" means conduct which constitutes a violation of
section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, but without regard for whether the conduct took
place in this Commonwealth.
Section 3. Section 3308(a) of Title 18 is amended to read:
§ 3308. Additional fine for arson committed for profit.
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(a) General rule.--Any person convicted under section [2506
(relating to arson murder) or] 3301 (relating to arson and
related offenses) where any consideration was paid or payable,
in addition to any sentence of imprisonment, shall be fined an
amount double the amount of the consideration or the maximum
lawful fine as provided in section 1101 (relating to fines),
whichever is greater.
* * *
Section 4. The definition of "crime of violence" in section
5702 of Title 18 is amended to read:
§ 5702. Definitions.
As used in this chapter, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Crime of violence." Any of the following:
(1) Any of the following crimes:
(i) Murder in any degree as defined in section
2502(a), (b) or (c) (relating to murder).
(ii) Voluntary manslaughter as defined in section
2503 (relating to voluntary manslaughter), drug delivery
resulting in death or serious bodily injury as defined in
section [2506(a) relating] 2720 (relating to drug
delivery resulting in death or serious bodily injury),
aggravated assault as defined in section 2702(a)(1) or
(2) (relating to aggravated assault), 2718 (relating to
strangulation), kidnapping as defined in section 2901(a)
or (a.1) (relating to kidnapping), rape as defined in
section 3121(a), (c) or (d) (relating to rape),
involuntary deviate sexual intercourse as defined in
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section 3123(a), (b) or (c) (relating to involuntary
deviate sexual intercourse), sexual assault as defined in
section 3124.1 (relating to sexual assault), aggravated
indecent assault as defined in section 3125(a) or (b)
(relating to aggravated indecent assault), incest as
defined in section 4302(a) or (b) (relating to incest),
arson as defined in section 3301(a) (relating to arson
and related offenses), burglary as defined in section
3502(a)(1) (relating to burglary), robbery as defined in
section 3701(a)(1)(i), (ii) or (iii) (relating to
robbery) or robbery of a motor vehicle as defined in
section 3702(a) (relating to robbery of motor vehicle).
(iii) Intimidation of witness or victim as defined
in section 4952(a) and (b) (relating to intimidation of
witnesses or victims).
(iv) Retaliation against witness, victim or party as
defined in section 4953(a) and (b) (relating to
retaliation against witness, victim or party).
(v) Criminal attempt as defined in section 901(a)
(relating to criminal attempt), criminal solicitation as
defined in section 902(a) (relating to criminal
solicitation) or criminal conspiracy as defined in
section 903(a) (relating to criminal conspiracy) to
commit any of the offenses specified in this definition.
(2) Any offense equivalent to an offense under paragraph
(1) under the laws of this Commonwealth in effect at the time
of the commission of that offense or under the laws of
another jurisdiction.
* * *
Section 5. Section 5551 of Title 42 is amended by adding a
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paragraph to read:
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
* * *
(8) A violation of 18 Pa.C.S. § 2720 (relating to drug
delivery resulting in death or serious bodily injury) if the
offense resulted in the death of the victim.
Section 6. Section 5552(b) of Title 42 is amended to read:
§ 5552. Other offenses.
* * *
(b) Major offenses.--A prosecution for any of the following
offenses must be commenced within five years after it is
committed:
(1) Under the following provisions of Title 18 (relating
to crimes and offenses):
Section 901 (relating to criminal attempt) involving
attempt to commit murder where no murder occurs.
Section 902 (relating to criminal solicitation)
involving solicitation to commit murder where no murder
occurs.
Section 903 (relating to criminal conspiracy)
involving conspiracy to commit murder where no murder
occurs.
Section 911 (relating to corrupt organizations).
Section 2702 (relating to aggravated assault).
Section 2706 (relating to terroristic threats).
Section 2713 (relating to neglect of care-dependent
person).
Section 2720 (relating to drug delivery resulting in
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death or serious bodily injury) if the offense resulted
in serious bodily injury to the victim.
Section 2901 (relating to kidnapping).
Section 3301 (relating to arson and related
offenses).
Section 3502 (relating to burglary).
Section 3701 (relating to robbery).
Section 3921 (relating to theft by unlawful taking or
disposition) through former section 3933 (relating to
unlawful use of computer).
Section 4101 (relating to forgery).
Section 4107 (relating to deceptive or fraudulent
business practices).
Section 4108 (relating to commercial bribery and
breach of duty to act disinterestedly).
Section 4109 (relating to rigging publicly exhibited
contest).
Section 4117 (relating to insurance fraud).
Section 4701 (relating to bribery in official and
political matters) through section 4703 (relating to
retaliation for past official action).
Section 4902 (relating to perjury) through section
4912 (relating to impersonating a public servant).
Section 4952 (relating to intimidation of witnesses
or victims).
Section 4953 (relating to retaliation against
witness, victim or party).
Section 5101 (relating to obstructing administration
of law or other governmental function).
Section 5111 (relating to dealing in proceeds of
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unlawful activities).
Section 5512 (relating to lotteries, etc.) through
section 5514 (relating to pool selling and bookmaking).
Section 5902(b) (relating to prostitution and related
offenses).
Section 6111(g)(2) and (4) (relating to sale or
transfer of firearms).
(2) Any offense punishable under section 13(f) of the
act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act.
(3) Any conspiracy to commit any of the offenses set
forth in paragraphs (1) and (2) and any solicitation to
commit any of the offenses in paragraphs (1) and (2) if the
solicitation results in the completed offense.
(4) Under the act of June 13, 1967 (P.L.31, No.21),
known as the [Public Welfare] Human Services Code.
(5) Under the former act of November 24, 1998 (P.L.874,
No.110), known as the Motor Vehicle Chop Shop and Illegally
Obtained and Altered Property Act.
* * *
Section 7. Section 9714(g) of Title 42, amended November 3,
2022 (P.L.1634, No.99), is amended to read:
§ 9714. Sentences for second and subsequent offenses.
* * *
(g) Definition.--As used in this section, the term "crime of
violence" means murder of the third degree, voluntary
manslaughter, manslaughter of a law enforcement officer as
defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
homicide of law enforcement officer), murder of the third degree
involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
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(relating to murder of unborn child), aggravated assault of an
unborn child as defined in 18 Pa.C.S. § 2606 (relating to
aggravated assault of unborn child), aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault), assault of law enforcement officer as
defined in 18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law
enforcement officer), use of weapons of mass destruction as
defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
(relating to terrorism), strangulation when the offense is
graded as a felony as defined in 18 Pa.C.S. § 2718 (relating to
strangulation), trafficking of persons when the offense is
graded as a felony of the first degree as provided in 18 Pa.C.S.
§ 3011 (relating to trafficking in individuals), rape,
involuntary deviate sexual intercourse, aggravated indecent
assault, incest, sexual assault, arson endangering persons or
aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1)
(relating to arson and related offenses), ecoterrorism as
classified in 18 Pa.C.S. § 3311(b)(3) (relating to
ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §
3502(a)(1) (relating to burglary), robbery as defined in 18
Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
robbery of a motor vehicle, drug delivery resulting in death or
serious bodily injury as defined in 18 Pa.C.S. § [2506(a)] 2720
(relating to drug delivery resulting in death or serious bodily
injury), or criminal attempt, criminal conspiracy or criminal
solicitation to commit murder or any of the offenses listed
above, or an equivalent crime under the laws of this
Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.
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Section 8. This act shall take effect in 60 days.
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