PRINTER'S NO. 2728
No. 2104 Session of 1976
INTRODUCED BY IRVIS, BERSON, OLIVER, HOPKINS, A. P. KELLY,
SCHMITT AND ROSS, FEBRUARY 4, 1976
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 4, 1976
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," making the provisions
11 relating to probation without verdict retroactive.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 17, act of April 14, 1972 (P.L.233,
15 No.64), known as "The Controlled Substance, Drug, Device and
16 Cosmetic Act," is amended by adding a clause to read:
17 Section 17. Probation Without Verdict.--A person may be
18 entitled to probation without verdict under the following
19 circumstances:
20 * * *
21 (4) A person who has been previously convicted of an offense
22 under prior statutes of this Commonwealth and who would have
1 qualified for the rehabilitative disposition provided for in
2 this section if he had been so convicted or pleaded nolo
3 contendere after the effective date of this act, shall be
4 entitled to the relief set forth herein, and particularly that
5 set forth in subparagraph (3) hereof, upon application duly made
6 to the sentencing court: Provided, however, That such person
7 shall not have been convicted of any other offense under this
8 act or under a similar act of the United States, or of any other
9 state, nor shall such person have been convicted of any
10 misdemeanor or felony of any kind under the laws of this
11 Commonwealth, under the laws of the United States or under the
12 laws of any other state.
13 Section 2. This act shall take effect immediately.
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