PRINTER'S NO. 192
No. 166 Session of 2007
INTRODUCED BY BOYD, KAUFFMAN, HERSHEY, DALLY, PYLE, MANN,
SWANGER, MARSICO, BELFANTI, McILHATTAN, GILLESPIE, STABACK,
STERN, BAKER, MOUL, READSHAW, RUBLEY, WALKO, HARHAI,
M. KELLER, HESS, SAYLOR, TRUE, PHILLIPS, BENNINGHOFF,
McGEEHAN, KING, MENSCH, WHEATLEY, ROAE, SIPTROTH, REICHLEY,
HICKERNELL, RAPP, MURT, CURRY, SCAVELLO, GEIST, DeLUCA,
KILLION, PICKETT, BARRAR, MILLARD, FABRIZIO, RAMALEY,
GINGRICH AND COX, FEBRUARY 1, 2007
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 1, 2007
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 heading, (a) and (b) of Title 18 of
7 the Pennsylvania Consolidated Statutes are amended and the
8 section is amended by 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
1 feet of the real property on which is located a public, private
2 or parochial school or a college or university or within 250
3 feet of [the real property on which is located a recreation
4 center or playground or on a school bus,] a drug-free zone shall
5 be sentenced to a minimum sentence of at least two years of
6 total confinement, notwithstanding any other provision of this
7 title, The Controlled Substance, Drug, Device and Cosmetic Act
8 or other statute to the contrary. The maximum term of
9 imprisonment shall be four years for any offense:
10 (1) subject to this section; and
11 (2) for which The Controlled Substance, Drug, Device and
12 Cosmetic Act provides for a maximum term of imprisonment of
13 less than four years.
14 If the [sentencing court finds] allegation is that the delivery
15 or possession with intent to deliver was to an individual under
16 18 years of age, then this section shall not be applicable and
17 the offense shall be subject to section 6314 (relating to
18 sentencing and penalties for trafficking drugs to minors).
19 [(b) Proof at sentencing.--The provisions of this section
20 shall not be an element of the crime. Notice of the
21 applicability of this section to the defendant shall not be
22 required prior to conviction, but reasonable notice of the
23 Commonwealth's intention to proceed under this section shall be
24 provided after conviction and before sentencing. The
25 applicability of this section shall be determined at sentencing.
26 The court shall consider evidence presented at trial, shall
27 afford the Commonwealth and the defendant an opportunity to
28 present necessary additional evidence and shall determine by a
29 preponderance of the evidence if this section is applicable.]
30 * * *
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1 (e) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Drug-free zone." The term shall include any of the
5 following:
6 (1) Real property on which is located a college,
7 university or public, private or parochial school.
8 (2) A community recreation center or playground.
9 (3) A school bus.
10 (4) A shopping center consisting of three or more retail
11 stores connected under a common roof and regularly open to
12 the public.
13 (5) A skating rink.
14 (6) A community swimming pool.
15 Section 2. This act shall take effect in 60 days.
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