PRINTER'S NO. 1091
No. 956 Session of 1989
INTRODUCED BY REBER, CALTAGIRONE, FOX, KOSINSKI, CESSAR, ARGALL,
TRELLO, FEE, JADLOWIEC, FAIRCHILD, THOMAS, JAROLIN, KENNEY,
TIGUE, ROBINSON, D. W. SNYDER, GLADECK, B. SMITH, HARPER,
MAIALE, J. L. WRIGHT, RAYMOND, MORRIS, STABACK, PERZEL,
GODSHALL, MELIO, GEIST, SERAFINI, SAURMAN, VROON, CIVERA,
BURD, SCHEETZ, ADOLPH, CLYMER, CORNELL, VEON, JOHNSON,
J. TAYLOR, CAWLEY, BELFANTI, GANNON, CARLSON, BLAUM, FARMER,
BELARDI, ROBBINS, DIETTERICK, DeLUCA, CORRIGAN, SEMMEL,
FLICK, NOYE, E. Z. TAYLOR, LEE, COWELL, BOYES, DALEY, FARGO,
OLASZ, MERRY, LASHINGER, HESS, MRKONIC, LANGTRY AND MARSICO,
APRIL 4, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 1989
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," further providing for
11 penalties.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 13 of the 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 subsections to read:
17 Section 13. Prohibited Acts; Penalties.--* * *
18 (m) Any person who, in violation of this section,
1 manufactures a controlled substance classified in Schedules I or
2 II or a designer drug is guilty of a felony of the first degree
3 if a death results from the injection, inhalation or ingestion
4 of that substance.
5 (1) It shall not be a defense to a prosecution under this
6 subsection (i) that the person did not act intentionally,
7 knowingly, recklessly or negligently; or (ii) that the victim
8 contributed to the death by intentional, knowing, reckless or
9 negligent injection, inhalation or ingestion of the substance or
10 by consenting to the administration of the substance by another.
11 (2) Nothing in this subsection shall be construed to
12 preclude or limit a prosecution for homicide. A conviction
13 arising under this subsection shall not merge with a conviction
14 for leading a narcotics trafficking network; maintaining or
15 operating a controlled substance production facility; unlawfully
16 manufacturing, distributing, dispensing, importing or
17 transporting or possessing with intent to manufacture or
18 dispense a controlled substance or designer drug; or conspiring
19 to unlawfully manufacture, distribute, dispense or import or
20 transport a controlled substance or designer drug.
21 (n) Any person who, in violation of this section, sells a
22 controlled substance listed in Schedule I or II or a designer
23 drug as defined in subsection (a)(36) is guilty of murder of the
24 first degree if a death results from the injection, inhalation
25 or ingestion of the substance and, upon conviction, shall be
26 sentenced to death or to a term of life imprisonment in
27 accordance with 42 Pa.C.S. § 9711 (relating to sentencing
28 procedure for murder of the first degree). For the purposes of
29 42 Pa.C.S. § 9711, conviction of this offense shall, in itself
30 and without further proof, constitute an aggravating
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1 circumstance.
2 Section 2. This act shall take effect in 60 days.
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