S0235B0201A01493 MAB:MAC 06/26/23 #90 A01493
AMENDMENTS TO SENATE BILL NO. 235
Sponsor: SENATOR BAKER
Printer's No. 201
Amend Bill, page 1, lines 2 and 3, by striking out "providing
for" in line 2 and all of line 3 and inserting
further providing for drug delivery resulting in death; and
imposing a penalty.
This act may be referred to as Tyler's Law.
The General Assembly's intent is to assist in prosecuting a
person who sells or otherwise profits from the sale of unlawful
fentanyl that causes the death of another person.
Amend Bill, page 1, lines 6 through 18; page 2, lines 1
through 15; by striking out all of said lines on said pages and
inserting
Section 1. Section 2506(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 2506. Drug delivery resulting in death.
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(b) Penalty.--
(1) A person convicted under subsection (a) shall be
sentenced to a term of imprisonment which shall be fixed by
the court at not more than 40 years.
(1.1) A person convicted under this subsection shall be
sentenced to a minimum term of at least 10 years of total
confinement and a fine of $15,000, or a larger amount as is
determined to exhaust the assets utilized in and proceeds
from the illegal activity if:
(i) prior to the commission of the offense, the
person had two or more prior convictions for 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; or
(ii) the person received anything of value, directly
or indirectly, as consideration for dispensing,
delivering, giving, prescribing, selling or distributing
any controlled substance or counterfeit controlled
substance.
(2) Paragraph (1) shall not apply to a person convicted
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under section 2502(c) (relating to murder) when the victim is
less than 13 years of age and the conduct arises out of the
same criminal act.
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