PRINTER'S NO. 925
No. 763 Session of 2005
INTRODUCED BY C. WILLIAMS, STACK, TARTAGLIONE, MUSTO AND LOGAN,
JUNE 14, 2005
REFERRED TO JUDICIARY, JUNE 14, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for possession of
3 weapons and for drug-free school zones; and making an
4 editorial change.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 912 heading and (b), 6105(b) and 6317(a)
8 of Title 18 of the Pennsylvania Consolidated Statutes are
9 amended to read:
10 § 912. Possession of weapon on [school] certain property.
11 * * *
12 (b) Offense defined.--A person commits a misdemeanor of the
13 first degree if he possesses a weapon in any of the following
14 places:
15 (1) In the buildings of, on the grounds of, or in any
16 conveyance providing transportation to or from any elementary
17 or secondary publicly-funded educational institution, any
18 elementary or secondary private school licensed by the
1 Department of Education or any elementary or secondary
2 parochial school.
3 (2) In a recreation center, public park, public trail or
4 playground.
5 * * *
6 § 6105. Persons not to possess, use, manufacture, control, sell
7 or transfer firearms.
8 * * *
9 (b) Enumerated offenses.--The following offenses shall apply
10 to subsection (a):
11 Section 908 (relating to prohibited offensive weapons).
12 Section 911 (relating to corrupt organizations).
13 Section 912 (relating to possession of weapon on [school]
14 certain property).
15 Section 2502 (relating to murder).
16 Section 2503 (relating to voluntary manslaughter).
17 Section 2504 (relating to involuntary manslaughter) if
18 the offense is based on the reckless use of a firearm.
19 Section 2702 (relating to aggravated assault).
20 Section 2703 (relating to assault by prisoner).
21 Section 2704 (relating to assault by life prisoner).
22 Section 2709.1 (relating to stalking).
23 Section 2716 (relating to weapons of mass destruction).
24 Section 2901 (relating to kidnapping).
25 Section 2902 (relating to unlawful restraint).
26 Section 2910 (relating to luring a child into a motor
27 vehicle).
28 Section 3121 (relating to rape).
29 Section 3123 (relating to involuntary deviate sexual
30 intercourse).
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1 Section 3125 (relating to aggravated indecent assault).
2 Section 3301 (relating to arson and related offenses).
3 Section 3302 (relating to causing or risking
4 catastrophe).
5 Section 3502 (relating to burglary).
6 Section 3503 (relating to criminal trespass) if the
7 offense is graded a felony of the second degree or higher.
8 Section 3701 (relating to robbery).
9 Section 3702 (relating to robbery of motor vehicle).
10 Section 3921 (relating to theft by unlawful taking or
11 disposition) upon conviction of the second felony offense.
12 Section 3923 (relating to theft by extortion) when the
13 offense is accompanied by threats of violence.
14 Section 3925 (relating to receiving stolen property) upon
15 conviction of the second felony offense.
16 Section 4912 (relating to impersonating a public servant)
17 if the person is impersonating a law enforcement officer.
18 Section 4952 (relating to intimidation of witnesses or
19 victims).
20 Section 4953 (relating to retaliation against witness or
21 victim).
22 Section 5121 (relating to escape).
23 Section 5122 (relating to weapons or implements for
24 escape).
25 Section 5501(3) (relating to riot).
26 Section 5515 (relating to prohibiting of paramilitary
27 training).
28 Section 5516 (relating to facsimile weapons of mass
29 destruction).
30 Section 6110.1 (relating to possession of firearm by
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1 minor).
2 Section 6301 (relating to corruption of minors).
3 Section 6302 (relating to sale or lease of weapons and
4 explosives).
5 Any offense equivalent to any of the above-enumerated
6 offenses under the prior laws of this Commonwealth or any
7 offense equivalent to any of the above-enumerated offenses
8 under the statutes of any other state or of the United
9 States.
10 * * *
11 § 6317. Drug-free school zones.
12 (a) General rule.--A person 18 years of age or older who is
13 convicted in any court of this Commonwealth of a violation of
14 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
15 No.64), known as The Controlled Substance, Drug, Device and
16 Cosmetic Act, shall, if the delivery or possession with intent
17 to deliver of the controlled substance occurred within 1,000
18 feet of the real property on which is located a public, private
19 or parochial school or a college or university or within 250
20 feet of the real property on which is located a recreation
21 center, public park, public trail or playground or on a school
22 bus, be sentenced to a minimum sentence of at least two years of
23 total confinement, notwithstanding any other provision of this
24 title, The Controlled Substance, Drug, Device and Cosmetic Act
25 or other statute to the contrary. The maximum term of
26 imprisonment shall be four years for any offense:
27 (1) subject to this section; and
28 (2) for which The Controlled Substance, Drug, Device and
29 Cosmetic Act provides for a maximum term of imprisonment of
30 less than four years.
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1 If the sentencing court finds that the delivery or possession
2 with intent to deliver was to an individual under 18 years of
3 age, then this section shall not be applicable and the offense
4 shall be subject to section 6314 (relating to sentencing and
5 penalties for trafficking drugs to minors).
6 * * *
7 Section 2. This act shall take effect in 60 days.
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