PRINTER'S NO. 233
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
253
Session of
2017
INTRODUCED BY BOSCOLA, BROWNE, FONTANA, FARNESE, TARTAGLIONE,
RAFFERTY AND VULAKOVICH, JANUARY 27, 2017
REFERRED TO JUDICIARY, JANUARY 27, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for drug-
free school zones.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6317(b) and (d) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
ยง 6317. Drug-free school zones.
* * *
(a.1) Aggravating circumstances.--If an administrator, a
teacher or an employee of a public, private or parochial school
or college or university is sentenced under subsection (a), the
sentence shall be increased by an additional two years in
addition to any other sentence imposed under subsection (a) or
any other statute.
(b) [Proof at sentencing.--The provisions of this section
shall not be an element of the crime. Notice of the
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applicability of this section to the defendant shall not be
required prior to conviction, but reasonable notice of the
Commonwealth's intention to proceed under this section shall be
provided after conviction and before sentencing. The
applicability of this section shall be determined at sentencing.
The court shall consider evidence presented at trial, shall
afford the Commonwealth and the defendant an opportunity to
present necessary additional evidence and shall determine by a
preponderance of the evidence if this section is applicable.]
Application of mandatory minimum penalty.--Any provision of this
section that requires imposition of a mandatory minimum sentence
shall constitute an element enhancing the underlying offense.
Any enhancing element must be proven beyond a reasonable doubt
at trial on the underlying offense and must be submitted to the
fact-finder for deliberation together with the underlying
offense. If the fact-finder finds the defendant guilty of the
underlying offense, the fact-finder shall then also decide
whether any enhancing element has been proven.
* * *
(d) Appeal by Commonwealth.--[If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.] If the fact-
finder has found any enhancing element and a sentencing court
imposes a sentence below the mandatory minimum sentence, the
Commonwealth shall have the right to appellate review of the
sentence. If the appellate court finds that the mandatory
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sentencing provision was applicable, the court shall vacate the
sentence and remand for resentencing in accordance with that
provision.
Section 2. This act shall take effect in 60 days.
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