PRINTER'S NO. 1855
No. 1572 Session of 1995
INTRODUCED BY PRESTON, GEIST, STABACK AND TRELLO, MAY 8, 1995
REFERRED TO COMMITTEE ON JUDICIARY, MAY 8, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sentencing and
3 penalties relating to trafficking in drugs.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6314 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6314. Sentencing and penalties for trafficking drugs to
9 minors.
10 (a) General rule.--A person [over] 18 years of age or older
11 who is convicted in any court of this Commonwealth of a
12 violation of section 13(a)(14) or (30) of the act of April 14,
13 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
14 Device and Cosmetic Act, shall, if the delivery or possession
15 with intent to deliver of the controlled substance was to a
16 minor, be sentenced to a minimum sentence of at least one year
17 total confinement, notwithstanding any other provision of this
18 title or other statute to the contrary.
1 (b) Additional penalties.--In addition to the mandatory
2 minimum sentence set forth in subsection (a), the person shall
3 be sentenced to an additional minimum sentence of at least two
4 years total confinement, notwithstanding any other provision of
5 this title or other statute to the contrary, if the person did
6 any of the following:
7 (1) Committed the offense with the intent to promote the
8 habitual use of the controlled substance.
9 (2) Intended to engage the minor in the trafficking,
10 transportation, delivery, manufacturing, sale or conveyance.
11 [(3) Committed the offense within 1,000 feet of the real
12 property on which is located a public, private or parochial
13 school or a college or university.]
14 (b.1) Trafficking drugs in vicinity of schools.--A person 18
15 years of age or older who is convicted in a court of this
16 Commonwealth of violating section 13(a)(14) or (30) of The
17 Controlled Substance, Drug, Device and Cosmetic Act shall, if
18 the offense was committed within 1,500 feet of the real property
19 on which is located a public, private or parochial school, a
20 college or university or a licensed child-care facility or at or
21 on a publicly owned recreational area or facility, be sentenced
22 to a minimum sentence of at least three years' total
23 confinement, notwithstanding any other provision of this title
24 or other statute to the contrary.
25 (c) Proof at sentencing.--The provisions of this section
26 shall not be an element of the crime. Notice of the
27 applicability of this section to the defendant shall not be
28 required prior to conviction, but reasonable notice of the
29 Commonwealth's intention to proceed under this section shall be
30 provided after conviction and before sentencing. The
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1 applicability of this section shall be determined at sentencing.
2 The court shall consider evidence presented at trial, shall
3 afford the Commonwealth and the defendant an opportunity to
4 present necessary additional evidence, and shall determine, by a
5 preponderance of the evidence, if this section is applicable.
6 (d) Authority of court in sentencing.--There shall be no
7 authority for a court to impose on a defendant to which this
8 section is applicable a lesser sentence than provided for in
9 [subsection (a)] this section, to place the defendant on
10 probation or to suspend sentence. The court may, however, employ
11 a sentencing alternative such as work release, community service
12 or restitution. Nothing in this section shall prevent the
13 sentencing court from imposing a sentence greater than that
14 provided in this section. Sentencing guidelines promulgated by
15 the Pennsylvania Commission on Sentencing shall not supersede
16 the mandatory sentences provided in this section. Disposition
17 under section 17 or 18 of The Controlled Substance, Drug, Device
18 and Cosmetic Act shall not be available to a defendant to which
19 this section applies.
20 (e) Appeal by Commonwealth.--If a sentencing court refuses
21 to apply this section where applicable, the Commonwealth shall
22 have the right to appellate review of the action of the
23 sentencing court. The appellate court shall vacate the sentence
24 and remand the case to the sentencing court for imposition of a
25 sentence in accordance with this section if it finds that the
26 sentence was imposed in violation of this section.
27 (f) Forfeiture.--Assets against which a forfeiture petition
28 has been filed and is pending or against which the Commonwealth
29 has indicated an intention to file a forfeiture petition shall
30 not be subject to a fine under this section.
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1 (g) Definition.--As used in this section, the term "minor"
2 means an individual under 18 years of age.
3 Section 2. This act shall take effect in 60 days.
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