PRINTER'S NO. 2716
No. 2012 Session of 1984
INTRODUCED BY O'DONNELL, RAPPAPORT, DAWIDA, PRATT AND LASHINGER,
MARCH 26, 1984
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 26, 1984
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, relating to sentences for
3 violations of the Controlled Substance, Drug, Device and
4 Cosmetic Act.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2154 of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 2154. Adoption of guidelines for sentencing.
10 The commission shall adopt guidelines for sentencing within
11 the limits established by law which shall be considered by the
12 sentencing court in determining the appropriate sentence for
13 felonies and misdemeanors committed by a defendant. The
14 guidelines shall:
15 (1) Specify the range of sentences applicable to crimes
16 of a given degree of gravity.
17 (2) Specify a range of sentences of increased severity
18 for defendants previously convicted of a felony or felonies
1 or convicted of a crime involving the use of a deadly weapon.
2 (3) Prescribe variations from the range of sentences
3 applicable on account of aggravating or mitigating
4 circumstances including the cooperation of a defendant with
5 the district attorney pursuant to section 9728 (relating to
6 sentences for violations of controlled substance law).
7 Section 2. Title 42 is amended by adding a section to read:
8 § 9728. Sentences for violations of controlled substance law.
9 (a) Request for identity of suppliers.--Upon conviction of
10 or entry of a plea of guilty or nolo contendere to a violation
11 of section 13(a)(16) or (30) of the act of April 14, 1972
12 (P.L.233, No.64), known as The Controlled Substance, Drug,
13 Device and Cosmetic Act, the district attorney shall, prior to
14 sentencing, request the defendant to disclose to the district
15 attorney the identity of all persons who supplied the defendant
16 with the controlled substance which resulted in a violation of
17 the act.
18 (b) Considerations in sentencing.--When imposing sentence
19 the court shall consider the cooperation of the defendant with
20 or failure to cooperate with the district attorney in truthfully
21 naming those persons who supplied the defendant with the
22 controlled substances.
23 (c) Sentencing outside guidelines.--The court may, based on
24 the cooperation of the defendant with the district attorney,
25 impose a sentence outside the sentencing guidelines adopted
26 pursuant to section 2154 (relating to adoption of guidelines for
27 sentencing).
28 (d) Request for immunity order.--If the defendant refuses on
29 the basis of his privilege against self-incrimination to comply
30 with a request to produce information pursuant to this section,
19840H2012B2716 - 2 -
1 the district attorney may request the court to issue an immunity
2 order pursuant to section 5947 (relating to immunity of
3 witnesses).
4 Section 3. This act shall take effect in 60 days.
C1L42DGS/19840H2012B2716 - 3 -