PRINTER'S NO. 747
No. 650 Session of 2005
INTRODUCED BY ERICKSON, LAVALLE, KITCHEN, COSTA, PIPPY, MADIGAN, D. WHITE, WENGER, BOSCOLA, PILEGGI, MUSTO, RAFFERTY, WONDERLING, BRIGHTBILL, LOGAN, C. WILLIAMS, STACK AND RHOADES, APRIL 28, 2005
REFERRED TO JUDICIARY, APRIL 28, 2005
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(a) of Title 18 of the Pennsylvania 6 Consolidated Statutes is amended to read: 7 § 6317. Drug-free school and public park zones. 8 (a) General rule.--A person 18 years of age or older who is 9 convicted in any court of this Commonwealth of a violation of 10 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, 11 No.64), known as The Controlled Substance, Drug, Device and 12 Cosmetic Act, shall, if the delivery or possession with intent 13 to deliver of the controlled substance occurred within 1,000 14 feet of the real property on which is located a public, private 15 or parochial school or a college or university or within 250 16 feet of the real property on which is located a recreation 17 center [or playground], playground, public park or trail or on a
1 school bus, be sentenced to a minimum sentence of at least two 2 years of total confinement, notwithstanding any other provision 3 of this title, The Controlled Substance, Drug, Device and 4 Cosmetic Act or other statute to the contrary. The maximum term 5 of imprisonment shall be four years for any offense: 6 (1) subject to this section; and 7 (2) for which The Controlled Substance, Drug, Device and 8 Cosmetic Act provides for a maximum term of imprisonment of 9 less than four years. 10 If the sentencing court finds that the delivery or possession 11 with intent to deliver was to an individual under 18 years of 12 age, then this section shall not be applicable and the offense 13 shall be subject to section 6314 (relating to sentencing and 14 penalties for trafficking drugs to minors). 15 * * * 16 Section 2. This act shall take effect in 30 days. C30L18MRD/20050S0650B0747 - 2 -