PRINTER'S NO. 165
No. 168 Session of 1999
INTRODUCED BY DENT, MOWERY, LEMMOND, COSTA, MELLOW, CORMAN,
BELL, WAUGH, ARMSTRONG, STAPLETON, STOUT, SLOCUM, WOZNIAK,
SCHWARTZ AND KASUNIC, JANUARY 19, 1999
REFERRED TO JUDICIARY, JANUARY 19, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for drug-free zones.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 6317 heading and (a) of Title 18 of the
6 Pennsylvania Consolidated Statutes are amended and the section
7 is amended by adding subsections to read:
8 § 6317. Drug-free [school] zones.
9 (a) General rule.--A person 18 years of age or older who is
10 convicted in any court of this Commonwealth of a violation of
11 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
12 No.64), known as The Controlled Substance, Drug, Device and
13 Cosmetic Act, shall, if the delivery or possession with intent
14 to deliver of the controlled substance occurred within 1,000
15 feet of the real property on which is located a public, private
16 or parochial school or a college or university or a child day-
17 care center or within 250 feet of the real property on which is
1 located a recreation center [or], playground, public telephone
2 or on a school bus, be sentenced to a minimum sentence of at
3 least two years of total confinement, notwithstanding any other
4 provision of this title, The Controlled Substance, Drug, Device
5 and Cosmetic Act or other statute to the contrary. The maximum
6 term of imprisonment shall be four years for any offense:
7 (1) subject to this section; and
8 (2) for which The Controlled Substance, Drug, Device and
9 Cosmetic Act provides for a maximum term of imprisonment of
10 less than four years.
11 If the sentencing court finds that the delivery or possession
12 with intent to deliver was to an individual under 18 years of
13 age, then this section shall not be applicable and the offense
14 shall be subject to section 6314 (relating to sentencing and
15 penalties for trafficking drugs to minors).
16 * * *
17 (e) Notice requirement.--A day-care facility shall post
18 conspicuously on the premises a notice stating that:
19 (1) The premises is a day-care facility.
20 (2) The premises is a drug-free zone.
21 (f) Definitions.--As used in this section, the following
22 words and phrases shall have the meanings given to them in this
23 subsection:
24 "Child day care." Care in lieu of parental care given for
25 part of the 24-hour day to children under 16 years of age, away
26 from their own homes, but does not include child day care
27 furnished in places of worship during religious services.
28 "Child day-care center." Any premises operated for profit in
29 which child day care is provided simultaneously for seven or
30 more children who are not relatives of the operator, except such
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1 centers operated under social service auspices.
2 Section 2. This act shall take effect in 60 days.
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