PRINTER'S NO. 1100
No. 965 Session of 1989
INTRODUCED BY REBER, CALTAGIRONE, FOX, KOSINSKI, CESSAR, ARGALL,
TRELLO, FEE, JADLOWIEC, FAIRCHILD, THOMAS, JAROLIN, KENNEY,
TIGUE, ROBINSON, D. W. SNYDER, GLADECK, B. SMITH, HARPER,
MAIALE, J. L. WRIGHT, RAYMOND, MORRIS, STABACK, PERZEL,
GODSHALL, MELIO, GEIST, SERAFINI, SAURMAN, VROON, CIVERA,
BURD, SCHEETZ, ADOLPH, CLYMER, CORNELL, VEON, JOHNSON,
J. TAYLOR, CAWLEY, BELFANTI, GANNON, CARLSON, BLAUM, FARMER,
BELARDI, ROBBINS, DIETTERICK, DeLUCA, CORRIGAN, SEMMEL,
FLICK, NOYE, E. Z. TAYLOR, LEE, COWELL, DALEY, BOYES, FARGO,
LANGTRY AND MARSICO, APRIL 4, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 1989
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," further providing for
11 penalties.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 13(a) of the act of April 14, 1972
15 (P.L.233, No.64), known as The Controlled Substance, Drug,
16 Device and Cosmetic Act, is amended by adding clauses and the
17 section is amended by adding a subsection to read:
18 Section 13. Prohibited Acts; Penalties.--(a) The following
1 acts and the causing thereof within the Commonwealth are hereby
2 prohibited:
3 * * *
4 (37) Leading a narcotics trafficking network.
5 (38) Engaging for profit in a scheme or course of conduct to
6 unlawfully manufacture, distribute, dispense or import or
7 transport a controlled substance classified in Schedule I or II
8 or a designer drug defined in clause (36).
9 (39) Conspiring as an organizer, supervisor, financier or
10 manager to violate clause (38).
11 * * *
12 (m) Any person who violates clause (37), (38) or (39) of
13 subsection (a) is guilty of a felony of the first degree and,
14 upon conviction thereof, shall be sentenced to imprisonment for
15 not less than twenty years and to pay a fine not exceeding the
16 greater of five hundred thousand dollars ($500,000) or five
17 times the value of the transaction, or both. The following shall
18 apply:
19 (1) A person sentenced to imprisonment under this subsection
20 must serve ten years before becoming eligible for parole.
21 (2) Section 1101 of Title 18 of the Pennsylvania
22 Consolidated Statutes (relating to fines) does not apply to
23 fines imposed under this subsection.
24 (3) A conviction under clause (37) or (39) of subsection (a)
25 shall not merge with a conviction for an offense which is the
26 object of the trafficking or conspiracy.
27 (4) This subsection shall not preclude or limit prosecution
28 under any other statutory provision.
29 (5) It shall not be necessary in a prosecution under this
30 subsection for the prosecution to prove that intended profit was
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1 actually realized. The trier of fact may infer that a particular
2 scheme or course of conduct was undertaken for profit from all
3 of the attending circumstances, including, but not limited to,
4 the number of persons involved in the scheme or course of
5 conduct, the actor's net worth and expenditures in relation to
6 legitimate sources of income, the amount of purity of the
7 specified controlled substance or designer drug involved, or the
8 amount of cash or currency involved.
9 (6) It shall not be a defense to a prosecution under this
10 subsection that the controlled substance or designer drug was
11 brought into or transported in this Commonwealth solely for
12 ultimate distribution or dispensing in another jurisdiction or
13 that any profit was intended to be made in another jurisdiction.
14 Section 2. This act shall take effect in 60 days.
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