THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY MENSCH, BOSCOLA, WARD, FARNESE, D. WHITE AND ALLOWAY, SEPTEMBER 1, 2010

REFERRED TO JUDICIARY, SEPTEMBER 1, 2010  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for theft of prescriptions

or prescription order forms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 3935.  Theft of prescriptions or prescription order forms.

(a)  Offense defined.--A person commits the offense of theft

of prescriptions or prescription order forms if the person does

any of the following:

(1)  Unlawfully takes possession of or exercises control

over a controlled substance or other drug or a prescription

or prescription order form for a controlled substance or

other drug prescribed by a practitioner for an ultimate user

with the intent to deprive the ultimate user of the use of

the controlled substance.

(2)  Unlawfully takes possession of or exercises control

over blank prescriptions or prescription order forms for a

controlled substance or other drug used by a practitioner for

purposes of prescribing controlled substances with the intent

to deprive the practitioner of the blank prescriptions or

prescription order forms and to make a forged prescription or

sell or transfer the blank prescriptions or prescription

order forms to another person for that purpose.

(b)  Grading.--

(1)  An offense under subsection (a)(1) constitutes a

misdemeanor of the first degree.

(2)  An offense under subsection (a)(2) constitutes a

felony of the third degree.

(c)  Drug assessments.--If the defendant is convicted or

pleads guilty or no contest to a violation of this section, the

following shall apply prior to sentencing:

(1)  The defendant shall be evaluated using evaluation

techniques deemed appropriate by the court to determine the

extent of the defendant's involvement with drugs and alcohol

and to assist the court in determining what type of sentence

would benefit the defendant and the public.

(2)  The defendant shall be subject to a full assessment

for drug and alcohol addiction if any of the following apply:

(i)  The defendant, within ten years prior to the

offense for which sentence is being imposed, has been

sentenced for an offense under the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act.

(ii)  The evaluation under paragraph (1) indicates

there is a need for counseling or treatment.

(3)  The assessment under paragraph (2) shall be

conducted by one of the following:

(i)  The Department of Health or its designee.

(ii)  The county agency with responsibility for

county drug and alcohol programs or its designee.

(iii)  The clinical personnel of a facility licensed

by the Department of Health for the conduct of drug and

alcohol addiction treatment programs.

(4)  The assessment under paragraph (2) shall consider

issues of public safety and shall include recommendations for

all of the following:

(i)  Length of stay.

(ii)  Levels of care.

(iii)  Follow-up care and monitoring.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Controlled substance."  As defined in the act of April 14,

1972 (P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act.

"Drug."  As defined in the act of April 14, 1972 (P.L.233,

No.64), known as The Controlled Substance, Drug, Device and

Cosmetic Act.

"Practitioner."  As defined in the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act.

"Prescription" or "prescription order."  As defined in the

act of April 14, 1972 (P.L.233, No.64), known as The Controlled

Substance, Drug, Device and Cosmetic Act.

"Ultimate user."  As defined in the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act.

Section 2.  This act shall take effect in 60 days.