AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in minors, further providing for drug-
3free zones.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Section 6317(a) of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 6317.  Drug-free school and public park zones.

9(a)  General rule.--A person 18 years of age or older who is 
10convicted in any court of this Commonwealth of a violation of 
11section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, 
12No.64), known as The Controlled Substance, Drug, Device and 
13Cosmetic Act, shall, if the delivery or possession with intent 
14to deliver of the controlled substance occurred within 1,000 
15feet of the real property on which is located a public, private 
16or parochial school or a college or university or within 250 
17feet of the real property on which is located a recreation 
18center [or playground], playground, public park or trail or on a 

1school bus, be sentenced to a minimum sentence of at least two 
2years of total confinement, notwithstanding any other provision 
3of this title, The Controlled Substance, Drug, Device and 
4Cosmetic Act or other statute to the contrary. The maximum term 
5of imprisonment shall be four years for any offense:

6(1)  subject to this section; and

7(2)  for which The Controlled Substance, Drug, Device and
8Cosmetic Act provides for a maximum term of imprisonment of
9less than four years.

10If the sentencing court finds that the delivery or possession
11with intent to deliver was to an individual under 18 years of
12age, then this section shall not be applicable and the offense
13shall be subject to section 6314 (relating to sentencing and
14penalties for trafficking drugs to minors).

15* * *

16Section 2.  This act shall take effect in 30 days.