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
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).
(b) [Proof at sentencing.--The provisions of this section
shall not be an element of the crime. Notice of the
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.
(c) Authority of court in sentencing.--There shall be no
authority for a court to impose on a defendant to which this
section is applicable a lesser sentence than provided for in
subsection (a), to place the defendant on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
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