AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in other offenses, further providing
3for drug trafficking sentencing and penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 7508(a) introductory paragraph of Title
718 of the Pennsylvania Consolidated Statutes is amended and the
8section is amended by adding a subsection to read:

9§ 7508. Drug trafficking sentencing and penalties.

10(a) General rule.--[Notwithstanding] Except as provided for 
11in subsection (c.1), notwithstanding any other provisions of
12this or any other act to the contrary, the following provisions
13shall apply:

14* * *

15(c.1) Exception.--A court may impose on a defendant a lesser
16sentence than the mandatory sentence provided for in this
17section if the court has a compelling reason to believe that a
18substantial injustice would occur by applying the mandatory

1sentence unless:

2(1) The defendant has a prior record score of more than
3three points under the sentencing guidelines.

4(2) The defendant used or possessed a firearm or other
5dangerous weapon or induced another participant to do so in
6connection with the current offense or any prior conviction.

7(3) The offense resulted in death or serious bodily
8injury.

9* * *

10Section 2. This act shall take effect in 60 days.