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PRINTER'S NO. 767
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
511
Session of
2017
INTRODUCED BY BIZZARRO, FLYNN, McNEILL, DRISCOLL, NEILSON,
TAYLOR, JAMES, ROZZI, MATZIE, READSHAW, D. COSTA, MOUL,
GILLEN, V. BROWN, M. QUINN, DeLUCA AND KORTZ, MARCH 6, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for sentences for offenses against elderly persons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9717 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
§ 9717. Sentences for offenses against elderly persons.
* * *
(a.1) Mandatory sentence for theft of prescription
medication.--A person under 60 years of age convicted of the
following offenses when the victim is over 60 years of age and
the items taken, disposed of, deceived or extorted were
prescription medications shall be sentenced to a mandatory term
of imprisonment as follows:
18 Pa.C.S. § 3921 (relating to theft by unlawful taking
or disposition) - not less than 12 months, but the imposition
of the minimum sentence shall be discretionary with the court
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where the court finds justifiable cause and that finding is
written in the opinion.
18 Pa.C.S. § 3922 - not less than six months, but the
imposition of the minimum sentence shall be discretionary
with the court where the court finds justifiable cause and
that finding is written in the opinion.
18 Pa.C.S. § 3923 (relating to theft by extortion) - not
less than six months, but the imposition of the minimum
sentence shall be discretionary with the court where the
court finds justifiable cause and that finding is written in
the opinion.
* * *
(c) Definition.--As used in this section, the term
"prescription medication" means a drug that is available only
with written instructions from a doctor to a pharmacist
prescribed for and intended to be used by one individual and
regulated by the Federal Food and Drug Administration.
Section 2. This act shall take effect in 60 days.
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