PRINTER'S NO. 2243
No. 1574 Session of 1998
INTRODUCED BY SCHWARTZ, HELFRICK, STAPLETON, KASUNIC, MUSTO,
SLOCUM, TARTAGLIONE, MELLOW, STOUT, WENGER, RHOADES, COSTA
AND BELAN, NOVEMBER 5, 1998
REFERRED TO JUDICIARY, NOVEMBER 5, 1998
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for drug-free school
3 zones.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6317(a) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended and the section is amended by
8 adding a subsection to read:
9 § 6317. Drug-free school zones.
10 (a) General rule.--A person 18 years of age or older who is
11 convicted in any court of this Commonwealth of a violation of
12 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
13 No.64), known as The Controlled Substance, Drug, Device and
14 Cosmetic Act, shall, if the delivery or possession with intent
15 to deliver of the controlled substance occurred within 1,000
16 feet of the real property on which is located a public, private
17 or parochial school [or], a college or university [or within 250
18 feet of the real property on which is located], a child day-care
1 center, a recreation center or a playground or on a school bus,
2 be sentenced to a minimum sentence of at least two years of
3 total confinement, notwithstanding any other provision of this
4 title, The Controlled Substance, Drug, Device and Cosmetic Act
5 or other statute to the contrary. The maximum term of
6 imprisonment shall be four years for any offense:
7 (1) subject to this section; and
8 (2) for which The Controlled Substance, Drug, Device and
9 Cosmetic Act provides for a maximum term of imprisonment of
10 less than four years.
11 If the sentencing court finds that the delivery or possession
12 with intent to deliver was to an individual under 18 years of
13 age, then this section shall not be applicable and the offense
14 shall be subject to section 6314 (relating to sentencing and
15 penalties for trafficking drugs to minors).
16 * * *
17 (e) Definition.--As used in this section, the term "child
18 day-care center" means a facility in which out-of-home care is
19 provided, at any one time, for part of a 24-hour day to seven or
20 more children who are 15 years of age or younger.
21 Section 2. This act shall take effect in 60 days.
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