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PRINTER'S NO. 1273
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
988
Session of
2015
INTRODUCED BY MURT, BAKER, D. COSTA, MILLARD, MOUL, READSHAW AND
SAYLOR, APRIL 20, 2015
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 20, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, further providing
for drug trafficking sentencing and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7508(a)(3), (4) and (7) of Title 18 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 7508. Drug trafficking sentencing and penalties.
(a) General rule.--Notwithstanding any other provisions of
this or any other act to the contrary, the following provisions
shall apply:
* * *
(3) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance is coca
leaves or is any salt, compound, derivative or preparation of
coca leaves or is any salt, compound, derivative or
preparation which is chemically equivalent or identical with
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any of these substances or is any mixture containing any of
these substances except decocainized coca leaves or extracts
of coca leaves which (extracts) do not contain cocaine or
ecgonine shall, upon conviction, be sentenced to a mandatory
minimum term of imprisonment and a fine as set forth in this
subsection:
(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least 2.0
grams and less than ten grams; one year in prison and a
fine of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least ten
grams and less than 100 grams; three years in prison and
a fine of $15,000 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another
drug trafficking offense: five years in prison and
$30,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal
activity; [and]
(iii) when the aggregate weight of the compound or
mixture of the substance involved is at least 100 grams[;
four] and less than 500 grams; five years in prison and a
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fine of [$25,000] $30,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: seven years in prison
and $50,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity[.]; and
(iv) when the aggregate weight of the compound or
mixture of the substance involved is 500 grams or
greater; ten years in prison and a fine of $50,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: 13
years in prison and $60,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(4) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance is
methamphetamine or phencyclidine or is a salt, isomer or salt
of an isomer of methamphetamine or phencyclidine or is a
mixture containing methamphetamine or phencyclidine,
containing a salt of methamphetamine or phencyclidine,
containing an isomer of methamphetamine or phencyclidine,
containing a salt of an isomer of methamphetamine or
phencyclidine shall, upon conviction, be sentenced to a
mandatory minimum term of imprisonment and a fine as set
forth in this subsection:
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(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least
five grams and less than ten grams; three years in prison
and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison
and $30,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least ten
grams and less than 100 grams; [four] five years in
prison and a fine of $25,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: seven years in prison
and $50,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; [and]
(iii) when the aggregate weight of the compound or
mixture containing the substance involved is at least 100
grams[; five] and less than 500 grams; seven years in
prison and a fine of $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: [eight] ten years in
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prison and [$50,000] $60,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity[.]; and
(iv) when the aggregate weight of the compound or
mixture of the substance involved is 500 grams or
greater; ten years in prison and a fine of $60,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: 13
years in prison and $70,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
* * *
(7) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance or a mixture
containing it is heroin shall, upon conviction, be sentenced
as set forth in this paragraph:
(i) when the aggregate weight of the compound or
mixture containing the heroin involved is at least 1.0
gram but less than 5.0 grams the sentence shall be a
mandatory minimum term of two years in prison and a fine
of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: a mandatory minimum term of three
years in prison and $10,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
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proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the heroin involved is at least 5.0
grams but less than 50 grams: a mandatory minimum term of
[three] five years in prison and a fine of $15,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: a
mandatory minimum term of [five] seven years in prison
and $30,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; [and]
(iii) when the aggregate weight of the compound or
mixture containing the heroin involved is [50 grams or
greater] at least 50 grams but less than 100 grams: a
mandatory minimum term of [five] seven years in prison
and a fine of [$25,000] $30,000 or such larger amount as
is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: a mandatory minimum
term of [seven] ten years in prison and $50,000 or such
larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal
activity[.]; and
(iv) when the aggregate weight of the compound or
mixture containing the heroin is 100 grams or greater:
ten years in prison and a fine of $50,000 or such larger
amount as is sufficient to exhaust the assets utilized in
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and the proceeds from the illegal activity; however, if
at the time of sentencing the defendant has been
convicted of another drug trafficking offense: 13 years
in prison and $60,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
* * *
Section 2. This act shall take effect in 60 days.
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