THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HESS, MARSICO, GEIST, STERN, BAKER, BARRAR, BOYD, D. COSTA, CRUZ, DEASY, DeLUCA, J. EVANS, EVERETT, HARKINS, KAUFFMAN, M.K. KELLER, KNOWLES, KULA, MAJOR, MICOZZIE, MURT, M. O'BRIEN, PETRARCA, PETRI, PICKETT, PYLE, READSHAW, ROCK, SCAVELLO, K. SMITH, TOEPEL, VULAKOVICH AND WATSON, JANUARY 27, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for drug-free school

zones.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6317(a) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 6317.  Drug-free school zones.

(a)  General rule.--A person 18 years of age or older who is

convicted in any court of this Commonwealth of a violation of

section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,

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

Cosmetic Act, shall, if the delivery or possession with intent

to deliver of the controlled substance occurred within 1,000

feet of the real property on which is located a public, private

or parochial school or a college or university or within [250]

1,000 feet of the real property on which is located a recreation

center or playground or on a school bus, be sentenced to a

minimum sentence of at least two years of total confinement,

notwithstanding any other provision of this title, The

Controlled Substance, Drug, Device and Cosmetic Act or other

statute to the contrary. The maximum term of imprisonment shall

be four years for any offense:

(1)  subject to this section; and

(2)  for which The Controlled Substance, Drug, Device and

Cosmetic Act provides for a maximum term of imprisonment of

less than four years.

If the sentencing court finds that the delivery or possession

with intent to deliver was to an individual under 18 years of

age, then this section shall not be applicable and the offense

shall be subject to section 6314 (relating to sentencing and

penalties for trafficking drugs to minors).

* * *

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