PRINTER'S NO. 1010

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 839 Session of 1987


        INTRODUCED BY LYNCH AND HANKINS, MAY 20, 1987

        REFERRED TO JUDICIARY, MAY 20, 1987

                                     AN ACT

     1  Amending the act of April 14, 1972 (P.L.233, No.64), entitled
     2     "An act relating to the manufacture, sale and possession of
     3     controlled substances, other drugs, devices and cosmetics;
     4     conferring powers on the courts and the secretary and
     5     Department of Health, and a newly created Pennsylvania Drug,
     6     Device and Cosmetic Board; establishing schedules of
     7     controlled substances; providing penalties; requiring
     8     registration of persons engaged in the drug trade and for the
     9     revocation or suspension of certain licenses and
    10     registrations; and repealing an act," providing that the
    11     distribution of certain controlled substances which results
    12     in a death constitutes murder of the second degree.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  The act of April 14, 1972 (P.L.233, No.64), known
    16  as The Controlled Substance, Drug, Device and Cosmetic Act, is
    17  amended by adding a section to read:
    18     Section 15.1.  Distribution of Narcotic Drugs Resulting in
    19  Death.--Any person who violates this act by distributing a
    20  controlled substance listed in Schedule I or II which is a
    21  narcotic drug to another person and that person or any other
    22  person dies as a result of the use of such controlled substance


     1  is guilty of murder of the second degree and upon conviction
     2  shall be sentenced to life imprisonment.
     3     Section 2.  This act shall take effect in 60 days.


















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