PRINTER'S NO. 369
No. 336 Session of 1987
INTRODUCED BY FOX, McCLATCHY, J. L. WRIGHT, COWELL, PRESSMANN,
BUNT, TRELLO, VROON, BUSH, PETRONE, HERSHEY, J. TAYLOR, ARTY,
NOYE, SIRIANNI, MRKONIC, BIRMELIN, MORRIS, LaGROTTA, HAGARTY,
GODSHALL, PERZEL, HERMAN, D. W. SNYDER, PUNT, WILSON,
SCHULER, WESTON, MAIALE, RAYMOND, KOSINSKI, MERRY, DeLUCA,
BLAUM, JOHNSON, BOOK, FEE, STABACK, LEH, RUDY, ACOSTA,
MAYERNIK, ANGSTADT, JACKSON, GLADECK, REINARD, CARLSON,
CORNELL, G. SNYDER, LASHINGER, GANNON, DISTLER, BLACK,
E. Z. TAYLOR, FREIND, FARMER, LANGTRY, PHILLIPS, VEON,
HALUSKA, CIMINI, BURD, WOGAN, STEVENS, CLYMER, CHADWICK,
SEMMEL, DAVIES, CIVERA, SAURMAN, BALDWIN, SERAFINI, NAHILL,
BOWSER, FLICK, TELEK, JAROLIN, RYAN, MICOZZIE, R. C. WRIGHT,
KENNEY, O'BRIEN, DONATUCCI, FOSTER, DURHAM, STEIGHNER,
MARKOSEK, DININNI, LEVDANSKY, BRANDT, LUCYK, B. SMITH,
CAWLEY, GRUPPO, LESCOVITZ, GALLEN, DORR, HOWLETT, CLARK,
BARLEY, MILLER, BOYES, STAIRS, KASUNIC, MANMILLER, BOWLEY,
WASS, WAMBACH, PISTELLA, FARGO, HASAY, FISCHER, DIETTERICK,
COY, DONATUCCI AND CIMINI, FEBRUARY 23, 1987
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 23, 1987
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," providing for mandatory
11 sentences for certain offenses committed when in possession
12 of a firearm.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 13 of the act of April 14, 1972 (P.L.233,
1 No.64), known as The Controlled Substance, Drug, Device and
2 Cosmetic Act, is amended by adding a subsection to read:
3 Section 13. Prohibited Acts; Penalties.--* * *
4 (m) A person who is convicted in any court of this
5 Commonwealth for selling or delivering a controlled substance
6 listed in Schedules I through V and who had in his possession a
7 firearm during the commission of the offense shall be sentenced
8 to imprisonment of at least five years, notwithstanding any
9 other provision of this act or any other statute to the
10 contrary. Notice of this subsection to the defendant shall not
11 be required prior to conviction, but reasonable notice of the
12 Commonwealth's intention to proceed under this subsection shall
13 be provided after conviction and before sentencing. There shall
14 be no authority in any court to impose on an offender to which
15 this section is applicable a lesser sentence than provided
16 herein or to place the offender on probation or to suspend
17 sentence. Nothing in this subsection shall prevent the
18 sentencing court from imposing the greater sentences authorized
19 in subsection (f). Sentencing guidelines promulgated by the
20 Pennsylvania Commission on Sentencing shall not supersede the
21 mandatory sentences provided in this section. If a sentencing
22 court refuses to apply this subsection, where applicable, the
23 Commonwealth shall have the right to appellate review of the
24 action of the sentencing court. The appellate court shall vacate
25 the sentence and remand the case to the sentencing court for
26 imposition of a sentence in accordance with this subsection, if
27 it finds that the sentence was imposed in violation of this
28 section. As used in this subsection "firearm" means any weapon
29 (including a starter gun) which will or is designed to or may
30 readily be converted to expel a projectile by the action of an
19870H0336B0369 - 2 -
1 explosive or the expansion of gas therein.
2 Section 2. This act shall take effect in 60 days.
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