SENATE AMENDED
PRIOR PRINTER'S NOS. 1472, 2589 PRINTER'S NO. 2853
No. 1279 Session of 1989
INTRODUCED BY BISHOP, MOEHLMANN, CALTAGIRONE, ALLEN, ANGSTADT,
ARGALL, BELARDI, BILLOW, BIRMELIN, BLAUM, BOYES, BUSH,
CAWLEY, CESSAR, CHADWICK, D. F. CLARK, CLYMER, COLAIZZO,
CORNELL, COWELL, DAVIES, DeLUCA, DEMPSEY, DIETTERICK,
DISTLER, DOMBROWSKI, DORR, FARGO, FARMER, FEE, FOX, GEIST,
GIGLIOTTI, GODSHALL, GRUPPO, HAGARTY, HALUSKA, HAYDEN, HAYES,
HERMAN, HOWLETT, JACKSON, JADLOWIEC, JOHNSON, KASUNIC,
KENNEY, KOSINSKI, LaGROTTA, LEH, LLOYD, MAIALE, MARKOSEK,
MARSICO, MAYERNIK, McVERRY, MELIO, MERRY, MICOZZIE, MORRIS,
MRKONIC, NAHILL, NAILOR, OLASZ, PICCOLA, PITTS, PRESSMANN,
RAYMOND, RITTER, ROBBINS, ROBINSON, RYBAK, SAURMAN, SEMMEL,
SERAFINI, S. H. SMITH, D. W. SNYDER, STABACK, STEIGHNER,
STUBAN, TANGRETTI, E. Z. TAYLOR, THOMAS, TIGUE, TRELLO,
VAN HORNE, WAMBACH, WESTON, J. L. WRIGHT, YANDRISEVITS,
J. H. CLARK, PHILLIPS, G. SNYDER, LASHINGER, BURD, O'BRIEN,
LANGTRY, BATTISTO, F. TAYLOR, NOYE, BARLEY, STISH, LINTON AND
BROUJOS, APRIL 24, 1989
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
DECEMBER 5, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sentencing, for <--
3 mandatory minimum sentences for multiple sales of certain
4 controlled substances within a period of 90 days AND for <--
5 determining quantities of controlled substances and for <--
6 limiting certain plea bargains.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 7508(a) of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended by adding a paragraph and the
11 section is amended by adding subsections A SUBSECTION to read: <--
1 § 7508. Drug trafficking sentencing and penalties.
2 (a) General rule.--Notwithstanding any other provisions of
3 this or any other act to the contrary, the following provisions
4 shall apply:
5 * * *
6 (7) A person who is convicted of violating section
7 13(a)(14) or (30) of The Controlled Substance, Drug, Device
8 and Cosmetic Act by delivering, selling or distributing any
9 controlled substance or counterfeit controlled substance set
10 forth in paragraphs (1) through (6) to any other person or
11 persons on three separate occasions within a period of 90
12 days from the first delivery, sale or distribution shall,
13 upon conviction, be sentenced to a mandatory minimum term of
14 imprisonment and fine as set forth in this subsection
15 regardless of the total quantity of such substance on any
16 particular occasion or on the aggregate quantity involved in
17 all of the occasions within the 90-day period:
18 (i) Where the controlled substance is marijuana, one
19 year in prison and a fine of $5,000 or such larger amount
20 as is sufficient to exhaust the assets utilized in and
21 the proceeds from the illegal activity.
22 (ii) Where the controlled substance is classified in
23 Schedule I or Schedule II under section 4 of The
24 Controlled Substance, Drug, Device and Cosmetic Act and
25 is a narcotic drug, two years in prison and a fine of
26 $5,000 or such larger amount as is sufficient to exhaust
27 the assets utilized in and the proceeds from the illegal
28 activity.
29 (iii) Where the controlled substance is coca leaves
30 or is any salt, compound, derivative or preparation of
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1 coca leaves or is any salt, compound, derivative or
2 preparation which is chemically equivalent or identical
3 with any of these substances or any mixture containing
4 any of these substances except decocainized coca leaves
5 or extracts of coca leaves which extracts do not contain
6 cocaine or ecgonine, one year in prison and a fine of
7 $5,000 or such larger amount as is sufficient to exhaust
8 the assets utilized in and the proceeds from the illegal
9 activity.
10 (iv) Where the controlled substance is
11 methamphetamine or is a salt, isomer or salt of an isomer
12 of methamphetamine or is phencyclidine or is a mixture
13 containing methamphetamine, a salt of methamphetamine, an
14 isomer of methamphetamine, a salt of an isomer of
15 methamphetamine or phencyclidine, five THREE years in <--
16 prison and a fine of $25,000 or such larger amount as is
17 sufficient to exhaust the assets utilized in and the
18 proceeds from the illegal activity.
19 (v) Where the controlled substance is amphetamine or
20 any salt, optical isomer, or salt of an optical isomer,
21 or a mixture containing any such substances, two and one-
22 half years in prison and a fine of $15,000 or such larger
23 amount as is sufficient to exhaust the assets utilized in
24 and the proceeds from the illegal activity.
25 (vi) Where the controlled substance is methaqualone,
26 one year in prison and a fine of $2,500 or such larger
27 amount as is sufficient to exhaust the assets utilized in
28 and the proceeds from the illegal activity.
29 (vii) Where the controlled substances to which this
30 paragraph applies are set forth at different subsections
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1 of this section, the mandatory minimum sentence to be
2 applied pursuant to this paragraph shall be the sentence
3 that would be mandated for the substance requiring the
4 longest mandatory minimum sentence under this paragraph.
5 For purposes of this paragraph, each delivery, sale or
6 distribution to a person shall constitute a separate
7 occasion and each delivery, sale or distribution to or
8 for two or more persons at the same time shall constitute
9 a number of occasions equal to the number of persons to
10 or for whom deliveries, sales or distributions were made.
11 * * * <--
12 (c.1) Place of confinement.--Notwithstanding the provisions
13 of this title or any other statute to the contrary, persons
14 sentenced under the provisions of this section shall be
15 committed to the Department of Corrections for confinement in
16 State correctional facilities.
17 * * *
18 (f) Determining quantities.--For purposes of this section,
19 if any mixture or compound contains any detectable amount of a
20 controlled substance, the entire amount of the mixture or
21 compound shall be deemed to be composed of the controlled
22 substance. If a mixture or compound contains a detectable amount
23 of more than one controlled substance, the mixture or compound
24 shall be deemed to be composed entirely of the controlled
25 substance which will result in the longest sentence. Where the
26 degree of the offense for violation of this section depends on
27 the quantity of the substance, the quantity involved shall be
28 determined by the trier of fact. The quantity involved in
29 individual acts of manufacturing, distributing, delivering,
30 dispensing or possessing with intent to deliver may be
19890H1279B2853 - 4 -
1 aggregated in determining the grade of the offense, whether
2 distribution, delivery or dispensing is to the same persons or
3 several persons, provided that each individual act of
4 distribution was committed within the applicable statute of
5 limitations.
6 Section 2. 42 Pa.C.S. § 9762 (relating to sentencing <--
7 proceeding; place of confinement) is repealed insofar as it is
8 inconsistent with the provisions of this act.
9 Section 3 2. This act shall take effect in 60 days. <--
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