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                                                       PRINTER'S NO. 484

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 436 Session of 2007


        INTRODUCED BY GORDNER, MADIGAN, ROBBINS, WONDERLING, ARMSTRONG,
           BOSCOLA, BROWNE, BRUBAKER, COSTA, ERICKSON, FOLMER, FONTANA,
           KASUNIC, LOGAN, ORIE, PUNT, RAFFERTY, REGOLA, RHOADES,
           TARTAGLIONE, TOMLINSON, WAUGH AND D. WHITE, MARCH 14, 2007

        REFERRED TO JUDICIARY, MARCH 14, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of operation
     3     of methamphetamine laboratory.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 7508.2.  Operation of methamphetamine laboratory.
     9     (a)  Offense defined.--
    10         (1)  A person commits the offense of operating a
    11     methamphetamine laboratory if the person knowingly causes a
    12     chemical reaction involving ephedrine, pseudoephedrine or
    13     phenylpropanolamine or any of their salts, optical isomers or
    14     salts of optical isomers for the purpose of manufacturing
    15     methamphetamine or preparing a precursor substance for the
    16     manufacture of methamphetamine.
    17     (b)  Grading.--


     1         (1)  Except as provided in paragraph (2), an offense
     2     under this subsection constitutes a felony of the second
     3     degree.
     4         (2)  A person who violates subsection (a) commits a
     5     felony of the first degree if the chemical reaction occurs
     6     within 1,000 feet of the real property on which is located a
     7     public, private or parochial school, a college or university
     8     or a nursery school or day care center, or within 250 feet of
     9     the real property on which is located a recreation center or
    10     playground.
    11     (c)  Applicability.--This section does not apply to the
    12  manufacturing operation of a licensed pharmaceutical company in
    13  the normal course of business.
    14     Section 2.  This act shall take effect in 60 days.











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