SENATE AMENDED
PRIOR PRINTER'S NOS. 217, 1649, 2543 PRINTER'S NO. 2670
No. 199 Session of 1987
INTRODUCED BY ACOSTA, MARKOSEK, SIRIANNI, TIGUE, CARN, KOSINSKI,
JOHNSON, J. TAYLOR, REBER, CAPPABIANCA, PISTELLA, HALUSKA,
SCHEETZ, ARGALL, HOWLETT, HAYDEN, ROEBUCK, WIGGINS, HUGHES,
DEAL, LINTON AND CALTAGIRONE, FEBRUARY 3, 1987
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, DECEMBER 14, 1987
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, increasing the penalty for scattering <--
3 rubbish. FURTHER PROVIDING FOR THE OFFENSE OF SCATTERING <--
4 RUBBISH; PROHIBITING DRUG TRAFFICKING TO MINORS; AND <--
5 PROVIDING FOR SENTENCES AND PENALTIES.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 6501 of Title 18 of the Pennsylvania <--
9 Consolidated Statutes is amended to read:
10 § 6501. Scattering rubbish.
11 (a) Offense defined.--A person is guilty of an offense if
12 he:
13 (1) throws any waste paper, sweepings, ashes, household
14 waste, glass, metal, refuse or rubbish, or any dangerous or
15 detrimental substance into or upon any road, street, highway,
16 or alley, or upon the land of another or into or upon any
17 stream or navigable river; or
18 (2) interferes with, scatters, or disturbs the contents
1 of any receptacle containing ashes, garbage, household waste,
2 or rubbish.
3 (b) [Penalty.--A person who violates the provisions of this]
4 Grading.--
5 (1) A person who violates this section with less than 20
6 gallons of material prohibited by this section is guilty of a
7 summary offense and upon conviction thereof shall be
8 sentenced to pay a fine of not less than [$10] $50 nor more
9 than [$300] $1,000 or to imprisonment for not more than 90
10 days, or both.
11 (2) A person who violates this section with more than 20
12 gallons of material prohibited by this section or with a
13 container with a capacity of 20 gallons or more containing
14 material prohibited by this section is guilty of a
15 misdemeanor of the third degree.
16 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
17 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
18 § 6313. TRAFFICKING DRUGS TO MINORS PROHIBITED.
19 A PERSON OVER 18 YEARS OF AGE WHO IS CONVICTED IN ANY COURT
20 OF THIS COMMONWEALTH FOR SELLING OR DELIVERING A CONTROLLED
21 SUBSTANCE LISTED IN SECTION 7508 (RELATING TO DRUG TRAFFICKING
22 SENTENCING AND PENALTIES) TO A MINOR SHALL BE SENTENCED TO
23 IMPRISONMENT OF AT LEAST ONE YEAR, NOTWITHSTANDING ANY OTHER
24 PROVISION OF THIS ACT OR ANY OTHER STATUTE TO THE CONTRARY.
25 CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT DELIVERED OR
26 SOLD THE SUBSTANCES WITH THE INTENT TO PROMOTE THE HABITUAL USE
27 OF CONTROLLED SUBSTANCES LISTED IN SECTION 7508, OR INTENDED TO
28 ENGAGE THE MINOR IN THE TRAFFICKING, TRANSPORTATION, DELIVERY,
29 MANUFACTURING, SALE OR CONVEYANCE OF CONTROLLED SUBSTANCES
30 LISTED IN SECTION 7508, SHALL RESULT IN THE FURTHER SENTENCE OF
19870H0199B2670 - 2 -
1 AN ADDITIONAL TWO YEARS IMPRISONMENT. NOTICE OF THIS SECTION TO
2 THE DEFENDANT SHALL NOT BE REQUIRED PRIOR TO CONVICTION, BUT
3 REASONABLE NOTICE OF THE COMMONWEALTH'S INTENTION TO PROCEED
4 UNDER THIS SECTION SHALL BE PROVIDED AFTER CONVICTION, AND
5 BEFORE SENTENCING. THERE SHALL BE NO AUTHORITY IN ANY COURT TO
6 IMPOSE ON AN OFFENDER TO WHICH THIS SECTION IS APPLICABLE A
7 LESSER SENTENCE THAN PROVIDED HEREIN OR TO PLACE THE OFFENDER ON
8 PROBATION OR TO SUSPEND SENTENCE. NOTHING IN THIS SECTION SHALL
9 PREVENT THE SENTENCING COURT FROM IMPOSING GREATER SENTENCES.
10 SENTENCING GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION
11 ON SENTENCING SHALL NOT SUPERSEDE THE MANDATORY SENTENCES
12 PROVIDED IN THIS SECTION. IF A SENTENCING COURT REFUSES TO APPLY
13 THIS SECTION, WHERE APPLICABLE, THE COMMONWEALTH SHALL HAVE THE
14 RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE SENTENCING COURT.
15 THE APPELLATE COURT SHALL VACATE THE SENTENCE AND REMAND THE
16 CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN
17 ACCORDANCE WITH THIS SECTION, IF IT FINDS THAT THE SENTENCE WAS
18 IMPOSED IN VIOLATION OF THIS SECTION.
19 SECTION 2. SECTION 6501 OF TITLE 18 IS AMENDED TO READ:
20 § 6501. SCATTERING RUBBISH. <--
21 (A) OFFENSE DEFINED.--A PERSON IS GUILTY OF AN OFFENSE IF
22 HE:
23 (1) THROWS ANY WASTE PAPER, SWEEPINGS, ASHES, HOUSEHOLD
24 WASTE, GLASS, METAL, REFUSE OR RUBBISH, OR ANY DANGEROUS OR
25 DETRIMENTAL SUBSTANCE INTO OR UPON ANY ROAD, STREET, HIGHWAY,
26 OR ALLEY, OR UPON THE LAND OF ANOTHER OR INTO OR UPON ANY
27 STREAM OR NAVIGABLE RIVER; [OR]
28 (2) INTERFERES WITH, SCATTERS, OR DISTURBS THE CONTENTS
29 OF ANY RECEPTACLE CONTAINING ASHES, GARBAGE, HOUSEHOLD WASTE,
30 OR RUBBISH[.]; OR
19870H0199B2670 - 3 -
1 (3) IS THE OPERATOR OF A TRASH, GARBAGE OR DEBRIS
2 COLLECTION VEHICLE OR ANY OTHER TYPE OF VEHICLE USED FOR
3 COLLECTING TRASH, GARBAGE OR DEBRIS AND DEPOSITS THE
4 VEHICLE'S LOAD OR ANY PART THEREOF UPON ANY ROAD, STREET,
5 HIGHWAY OR ALLEY OR UPON THE LAND OF ANOTHER.
6 (B) PENALTY.--
7 (1) A PERSON WHO VIOLATES [THE PROVISIONS OF THIS
8 SECTION] SUBSECTION (A)(1) OR (2) IS GUILTY OF A SUMMARY
9 OFFENSE AND UPON CONVICTION THEREOF SHALL BE SENTENCED TO PAY
10 A FINE OF NOT LESS THAN $10 NOR MORE THAN $300 OR TO
11 IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH.
12 (2) A PERSON WHO VIOLATES SUBSECTION (A)(3) IS GUILTY OF
13 A MISDEMEANOR OF THE THIRD DEGREE FOR THE FIRST OFFENSE, A
14 MISDEMEANOR OF THE SECOND DEGREE FOR THE SECOND OFFENSE, AND
15 A MISDEMEANOR OF THE FIRST DEGREE FOR THE THIRD OR ANY
16 SUBSEQUENT OFFENSE.
17 (C) DISPOSITION OF FINES.--(REPEALED).
18 (D) EXCEPTION.--SUBSECTION (A)(3) DOES NOT APPLY TO THE
19 LAWFUL DEPOSITING OF WASTE AT ANY SITE REGULATED BY THE
20 DEPARTMENT OF ENVIRONMENTAL RESOURCES.
21 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
22 § 7508. DRUG TRAFFICKING SENTENCING AND PENALTIES.
23 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISIONS OF
24 THIS OR ANY OTHER ACT TO THE CONTRARY, THE FOLLOWING PROVISIONS
25 SHALL APPLY:
26 (1) A PERSON WHO MANUFACTURERS, DELIVERS, BRINGS INTO
27 THIS COMMONWEALTH, CULTIVATES OR POSSESSES WITH INTENT TO
28 MANUFACTURE, DELIVER OR CULTIVATE MARIJUANA COMMITS A FELONY
29 AND SHALL, UPON CONVICTION, BE SENTENCED TO A MANDATORY
30 MINIMUM TERM OF IMPRISONMENT AND A FINE AS SET FORTH IN THIS
19870H0199B2670 - 4 -
1 SUBSECTION:
2 (I) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
3 MARIJUANA INVOLVED IS AT LEAST TWO POUNDS, BUT LESS THAN
4 TEN POUNDS; ONE YEAR IN PRISON AND A FINE OF $5,000 OR
5 SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE ASSETS
6 UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL ACTIVITY
7 AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE; TWO YEARS
8 IN PRISON AND A FINE OF $10,000 OR SUCH LARGER AMOUNT AS
9 IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
10 PROCEEDS FROM THE ILLEGAL ACTIVITY;
11 (II) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
12 MARIJUANA INVOLVED IS AT LEAST TEN POUNDS, BUT LESS THAN
13 50 POUNDS; THREE YEARS IN PRISON AND A FINE OF $15,000 OR
14 SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE ASSETS
15 UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL ACTIVITY
16 AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE; FOUR YEARS
17 IN PRISON AND A FINE OF $30,000 OR SUCH LARGER AMOUNT AS
18 IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
19 PROCEEDS FROM THE ILLEGAL ACTIVITY; AND
20 (III) UPON CONVICTION WHEN THE AMOUNT OF MARIJUANA
21 INVOLVED IS AT LEAST 50 POUNDS; FIVE YEARS IN PRISON AND
22 A FINE OF $50,000 OR SUCH LARGER AMOUNT AS IS SUFFICIENT
23 TO EXHAUST THE ASSETS UTILIZED IN AND THE PROCEEDS FROM
24 THE ILLEGAL ACTIVITY.
25 (2) A PERSON WHO MANUFACTURERS, DELIVERS, BRINGS INTO
26 THIS COMMONWEALTH, OR POSSESSES WITH INTENT TO MANUFACTURE,
27 OR DELIVER HEROIN OR ANY SALT THEREOF, MORPHINE OR ANY SALT
28 THEREOF, OPIUM OR ANY DERIVATIVE THEREOF, OR ANY MIXTURE
29 CONTAINING ANY SUCH SUBSTANCE COMMITS A FELONY AND SHALL,
30 UPON CONVICTION, BE SENTENCED TO A MANDATORY MINIMUM TERM OF
19870H0199B2670 - 5 -
1 IMPRISONMENT AND A FINE AS SET FORTH IN THIS SUBSECTION:
2 (I) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF THE
3 SUBSTANCE INVOLVED IS AT LEAST 2.5 GRAMS AND LESS THAN
4 FIVE GRAMS; TWO YEARS IN PRISON AND A FINE OF $5,000 OR
5 SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE ASSETS
6 UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL ACTIVITY
7 AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE; THREE
8 YEARS IN PRISON AND $10,000 OR SUCH LARGER AMOUNT AS IS
9 SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
10 PROCEEDS FROM THE ILLEGAL ACTIVITY;
11 (II) UPON FIRST CONVICTION WHEN THE AMOUNT OF THE
12 SUBSTANCE INVOLVED IS AT LEAST FIVE GRAMS AND LESS THAN
13 TEN GRAMS; THREE YEARS IN PRISON AND A FINE OF $15,000 OR
14 SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE ASSETS
15 UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL ACTIVITY
16 AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE; FIVE YEARS
17 IN PRISON AND $30,000 OR SUCH LARGER AMOUNT AS IS
18 SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
19 PROCEEDS FROM THE ILLEGAL ACTIVITY;
20 (III) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
21 THE SUBSTANCE INVOLVED IS AT LEAST TEN GRAMS AND LESS
22 THAN 50 GRAMS; FIVE YEARS IN PRISON AND A FINE OF $25,000
23 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE
24 ASSETS UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL
25 ACTIVITY AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE;
26 SEVEN YEARS IN PRISON AND $50,000 OR SUCH LARGER AMOUNT
27 AS IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND
28 THE PROCEEDS FROM THE ILLEGAL ACTIVITY; AND
29 (IV) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
30 THE SUBSTANCE INVOLVED IS AT LEAST 50 GRAMS; SEVEN YEARS
19870H0199B2670 - 6 -
1 IN PRISON AND A FINE OF $50,000 OR SUCH LARGER AMOUNT AS
2 IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
3 PROCEEDS FROM THE ILLEGAL ACTIVITY.
4 (3) A PERSON WHO MANUFACTURERS, DELIVERS, BRINGS INTO
5 THIS COMMONWEALTH OR POSSESSES WITH INTENT TO MANUFACTURE, OR
6 DELIVER COCAINE OR ANY SALT, COMPOUND, DERIVATIVE OR
7 PREPARATION OF COCA LEAVES, EXCEPT DECOCAINIZED COCA LEAVES
8 OR EXTRACTS OF COCA LEAVES WHICH DO NOT CONTAIN COCAINE OR
9 ECGONINE, OR A MIXTURE CONTAINING ANY SUCH SUBSTANCES COMMITS
10 A FELONY AND SHALL, UPON CONVICTION, BE SENTENCED TO A
11 MANDATORY MINIMUM TERM OF IMPRISONMENT AND A FINE AS SET
12 FORTH IN THIS SUBSECTION:
13 (I) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF THE
14 SUBSTANCE INVOLVED IS AT LEAST 2.5 GRAMS AND LESS THAN
15 FIVE GRAMS; ONE YEAR IN PRISON AND A FINE OF $5,000 OR
16 SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE ASSETS
17 UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL ACTIVITY
18 AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE; THREE
19 YEARS IN PRISON AND $10,000 OR SUCH LARGER AMOUNT AS IS
20 SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
21 PROCEEDS FROM THE ILLEGAL ACTIVITY;
22 (II) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
23 THE SUBSTANCE INVOLVED IS AT LEAST FIVE GRAMS AND LESS
24 THAN TEN GRAMS; THREE YEARS IN PRISON AND A FINE OF
25 $15,000 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST
26 THE ASSETS UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL
27 ACTIVITY AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE;
28 FIVE YEARS IN PRISON AND $30,000 OR SUCH LARGER AMOUNT AS
29 IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
30 PROCEEDS FROM THE ILLEGAL ACTIVITY;
19870H0199B2670 - 7 -
1 (III) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
2 THE SUBSTANCE INVOLVED IS AT LEAST TEN GRAMS AND LESS
3 THAN 50 GRAMS; FOUR YEARS IN PRISON AND A FINE OF $25,000
4 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE
5 ASSETS UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL
6 ACTIVITY AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE;
7 SEVEN YEARS IN PRISON AND $50,000 OR SUCH LARGER AMOUNT
8 AS IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND
9 THE PROCEEDS FROM THE ILLEGAL ACTIVITY; AND
10 (IV) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
11 THE SUBSTANCE INVOLVED IS AT LEAST 50 GRAMS; SEVEN YEARS
12 IN PRISON AND A FINE OF $50,000 OR SUCH LARGER AMOUNT AS
13 IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
14 PROCEEDS FROM THE ILLEGAL ACTIVITY.
15 (4) A PERSON WHO MANUFACTURERS, DELIVERS, BRINGS INTO
16 THIS COMMONWEALTH, OR POSSESSES WITH INTENT TO MANUFACTURE OR
17 DELIVER METHAMPHETAMINE, OR ANY SALT, ISOMER OR SALT OF AN
18 ISOMER THEREOF, OR OF AMPHETAMINE, OR ANY SALT, OPTICAL
19 ISOMER, OR SALT OF AN OPTICAL ISOMER THEREOF, OR OF A MIXTURE
20 CONTAINING ANY SUCH SUBSTANCES COMMITS A FELONY AND SHALL,
21 UPON CONVICTION, BE SENTENCED TO A MANDATORY MINIMUM TERM OF
22 IMPRISONMENT AND A FINE AS SET FORTH IN THIS SUBSECTION:
23 (I) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF THE
24 SUBSTANCE INVOLVED IS AT LEAST FIVE GRAMS AND LESS THAN
25 TEN GRAMS; THREE YEARS IN PRISON AND A FINE OF $15,000 OR
26 SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE ASSETS
27 UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL ACTIVITY
28 AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE; FIVE YEARS
29 IN PRISON AND $30,000 OR SUCH LARGER AMOUNT AS IS
30 SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
19870H0199B2670 - 8 -
1 PROCEEDS FROM THE ILLEGAL ACTIVITY;
2 (II) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
3 THE SUBSTANCE INVOLVED IS AT LEAST TEN GRAMS AND LESS
4 THAN 50 GRAMS; FOUR YEARS IN PRISON AND A FINE OF $25,000
5 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST THE
6 ASSETS UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL
7 ACTIVITY AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE;
8 SEVEN YEARS IN PRISON AND $50,000 OR SUCH LARGER AMOUNT
9 AS IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND
10 THE PROCEEDS FROM THE ILLEGAL ACTIVITY; AND
11 (III) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
12 THE SUBSTANCE INVOLVED IS AT LEAST 50 GRAMS; SEVEN YEARS
13 IN PRISON AND A FINE OF $50,000 OR SUCH LARGER AMOUNT AS
14 IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
15 PROCEEDS FROM THE ILLEGAL ACTIVITY.
16 (5) A PERSON WHO MANUFACTURERS, DELIVERS, BRINGS INTO
17 THIS COMMONWEALTH, OR POSSESSES WITH INTENT TO MANUFACTURE,
18 OR DELIVER METHAQUALONE, COMMITS A FELONY AND SHALL, UPON
19 CONVICTION, BE SENTENCED TO A MANDATORY MINIMUM TERM OF
20 IMPRISONMENT AND A FINE AS SET FORTH IN THIS SUBSECTION:
21 (I) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF THE
22 SUBSTANCE INVOLVED IS AT LEAST 50 TABLETS, CAPSULES,
23 CAPLETS OR OTHER DOSAGE UNITS, OR THE EQUIVALENT QUANTITY
24 AND LESS THAN 200 TABLETS, CAPSULES, CAPLETS OR OTHER
25 DOSAGE UNITS, OR THE EQUIVALENT QUANTITY; ONE YEAR IN
26 PRISON AND A FINE OF $2,500 OR SUCH LARGER AMOUNT AS IS
27 SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
28 PROCEEDS FROM THE ILLEGAL ACTIVITY AND, UPON CONVICTION
29 FOR A SUBSEQUENT OFFENSE; THREE YEARS IN PRISON AND
30 $5,000 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST
19870H0199B2670 - 9 -
1 THE ASSETS UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL
2 ACTIVITY;
3 (II) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
4 THE SUBSTANCE INVOLVED IS AT LEAST 200 TABLETS, CAPSULES,
5 CAPLETS OR OTHER DOSAGE UNITS, OR THE EQUIVALENT QUANTITY
6 AND LESS THAN 1,000 TABLETS, CAPSULES, CAPLETS OR OTHER
7 DOSAGE UNITS, OR THE EQUIVALENT QUANTITY; THREE YEARS IN
8 PRISON AND A FINE OF $15,000 OR SUCH LARGER AMOUNT AS IS
9 SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND THE
10 PROCEEDS FROM THE ILLEGAL ACTIVITY AND, UPON CONVICTION
11 FOR A SUBSEQUENT OFFENSE; FIVE YEARS IN PRISON AND
12 $30,000 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST
13 THE ASSETS UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL
14 ACTIVITY;
15 (III) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
16 THE SUBSTANCE INVOLVED IS AT LEAST 1,000 TABLETS,
17 CAPSULES, CAPLETS OR OTHER DOSAGE UNITS, OR THE
18 EQUIVALENT QUANTITY AND LESS THAN 10,000 TABLETS,
19 CAPSULES, CAPLETS OR OTHER DOSAGE UNITS, OR THE
20 EQUIVALENT QUANTITY; FIVE YEARS IN PRISON AND A FINE OF
21 $25,000 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST
22 THE ASSETS UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL
23 ACTIVITY AND, UPON CONVICTION FOR A SUBSEQUENT OFFENSE;
24 SEVEN YEARS IN PRISON AND $50,000 OR SUCH LARGER AMOUNT
25 AS IS SUFFICIENT TO EXHAUST THE ASSETS UTILIZED IN AND
26 THE PROCEEDS FROM THE ILLEGAL ACTIVITY; AND
27 (IV) UPON THE FIRST CONVICTION WHEN THE AMOUNT OF
28 THE SUBSTANCE INVOLVED IS AT LEAST 10,000 TABLETS,
29 CAPSULES, CAPLETS OR OTHER DOSAGE UNITS, OR THE
30 EQUIVALENT QUANTITY; SEVEN YEARS IN PRISON AND A FINE OF
19870H0199B2670 - 10 -
1 $50,000 OR SUCH LARGER AMOUNT AS IS SUFFICIENT TO EXHAUST
2 THE ASSETS UTILIZED IN AND THE PROCEEDS FROM THE ILLEGAL
3 ACTIVITY.
4 (B) MANDATORY SENTENCING.--EXCEPT AS OTHERWISE SET FORTH IN
5 SUBSECTION (C), THERE SHALL BE NO AUTHORITY IN ANY COURT TO
6 IMPOSE ON AN OFFENDER TO WHICH THIS SECTION IS APPLICABLE A
7 LESSER SENTENCE THAN PROVIDED FOR HEREIN OR TO PLACE THE
8 OFFENDER ON PROBATION OR TO SUSPEND SENTENCE. NOTHING IN THIS
9 SECTION SHALL PREVENT THE SENTENCING COURT FROM IMPOSING A
10 SENTENCE GREATER THAN PROVIDED HEREIN. SENTENCING GUIDELINES
11 PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
12 NOT SUPERSEDE THE MANDATORY SENTENCES PROVIDED HEREIN.
13 (C) EXCEPTION TO.--THE COURT IMPOSING SENTENCE UNDER THIS
14 SECTION MAY IMPOSE A REDUCED SENTENCE ONLY IF THE COMMONWEALTH
15 MOVES FOR IT. THE ONLY GROUNDS FOR THE MOTION BY THE
16 COMMONWEALTH SHALL BE THAT THE DEFENDANT HAS PROVIDED
17 SUBSTANTIAL ASSISTANCE IN THE IDENTIFICATION, ARREST OR
18 CONVICTION OF ANY OF HIS OR HER ACCOMPLICES, ACCESSORIES,
19 COCONSPIRATORS OR PRINCIPALS. UPON THE FILING OF THE MOTION, THE
20 COURT IMPOSING SENTENCE HEREUNDER SHALL ORDER A HEARING FOR THE
21 TIME OF SENTENCING AT WHICH THE COMMONWEALTH SHALL PRESENT
22 EVIDENCE TO SUPPORT ITS MOTION. FOR GOOD CAUSE SHOWN, THE MOTION
23 MAY BE FILED AND HEARD IN CAMERA. AT THE CONCLUSION OF THE
24 HEARING, THE JUDGE SHALL HAVE THE DISCRETION TO IMPOSE A REDUCED
25 SENTENCE IF THE JUDGE FINDS THAT THE DEFENDANT HAS RENDERED
26 SUBSTANTIAL ASSISTANCE AS SET FORTH BY THE COMMONWEALTH. NEITHER
27 FAILURE OF THE JUDGE TO FIND THAT SUBSTANTIAL ASSISTANCE HAS
28 BEEN RENDERED NOR REFUSAL BY THE JUDGE TO IMPOSE A REDUCED
29 SENTENCE SHALL BE GROUNDS FOR APPEAL BY THE DEFENDANT.
30 (D) APPELLANT REVIEW.--IF A SENTENCING COURT REFUSES TO
19870H0199B2670 - 11 -
1 APPLY THIS SECTION WHERE APPLICABLE, THE COMMONWEALTH SHALL HAVE
2 THE RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE SENTENCING
3 COURT. THE APPELLATE COURT SHALL VACATE THE SENTENCE AND REMAND
4 THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN
5 ACCORDANCE WITH THIS SUBSECTION IF IT FINDS THAT THE SENTENCE
6 WAS IMPOSED IN VIOLATION OF THIS SECTION.
7 Section 2 4. This act shall take effect immediately. <--
A12L18DGS/19870H0199B2670 - 12 -