PRINTER'S NO. 177
No. 160 Session of 1997
INTRODUCED BY DENT, THOMAS, TIGUE, CLARK, STAIRS, GRUPPO,
NAILOR, EGOLF, FARGO, CORRIGAN, ARMSTRONG, M. COHEN, COY,
E. Z. TAYLOR, ROBERTS, BELARDI, HALUSKA, HERSHEY, FEESE,
MAITLAND, READSHAW, BATTISTO, TRAVAGLIO, DeLUCA, BOSCOLA,
GLADECK, M. N. WRIGHT, TRELLO, BLAUM, DiGIROLAMO, HARHART,
LYNCH, WOJNAROSKI, STERN, TRUE, STETLER, D. W. SNYDER,
PETTIT, MARSICO, ITKIN, SHANER, RAMOS, MILLER, GEIST,
SCHRODER, SEMMEL, GODSHALL, SCHULER, ALLEN, WALKO, STABACK,
HENNESSEY, BARD, JOSEPHS, SAINATO, RUBLEY, HUTCHINSON,
FAIRCHILD, BROWNE, VAN HORNE, MELIO, BAKER, HESS, STURLA,
ZUG, J. TAYLOR, EACHUS, KELLER, SEYFERT, SURRA, GIGLIOTTI,
L. I. COHEN, LUCYK, COLAFELLA, WILT, STEVENSON, C. WILLIAMS
AND CASORIO, FEBRUARY 3, 1997
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for drug-free school zones.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 18 of the Pennsylvania Consolidated
6 Statutes is amended by adding a section to read:
7 § 6316. Drug-free school zones.
8 (a) General rule.--A person 18 years of age or older who is
9 convicted in any court of this Commonwealth of a violation of
10 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
11 No.64), known as The Controlled Substance, Drug, Device and
12 Cosmetic Act, shall, if the delivery or possession with intent
1 to deliver of the controlled substance occurred within 1,000
2 feet of the real property on which is located a public, private
3 or parochial school or a college or university within 250 feet
4 of the real property on which is located a recreation center or
5 playground or on a school bus, be sentenced to a minimum
6 sentence of at least two years of total confinement,
7 notwithstanding any other provision of this title, The
8 Controlled Substance, Drug, Device and Cosmetic Act or other
9 statute to the contrary. The maximum term of imprisonment shall
10 be four years for any offense:
11 (1) subject to this section; and
12 (2) for which The Controlled Substance, Drug, Device and
13 Cosmetic Act provides for a maximum term of imprisonment of
14 less than four years.
15 If the sentencing court finds that the delivery or possession
16 with intent to deliver was to an individual under 18 years of
17 age, then this section shall not be applicable, and the offense
18 shall be subject to section 6314 (relating to sentencing and
19 penalties for trafficking drugs to minors).
20 (b) Proof at sentencing.--The provisions of this section
21 shall not be an element of the crime. Notice of the
22 applicability of this section to the defendant shall not be
23 required prior to conviction, but reasonable notice of the
24 Commonwealth's intention to proceed under this section shall be
25 provided after conviction and before sentencing. The
26 applicability of this section shall be determined at sentencing.
27 The court shall consider evidence presented at trial, shall
28 afford the Commonwealth and the defendant an opportunity to
29 present necessary additional evidence and shall determine by a
30 preponderance of the evidence if this section is applicable.
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1 (c) Authority of court in sentencing.--There shall be no
2 authority for a court to impose on a defendant to which this
3 section is applicable a lesser sentence than provided for in
4 subsection (a), to place the defendant on probation or to
5 suspend sentence. Nothing in this section shall prevent the
6 sentencing court from imposing a sentence greater than that
7 provided in this section. Sentencing guidelines promulgated by
8 the Pennsylvania Commission on Sentencing shall not supersede
9 the mandatory sentences provided in this section. Disposition
10 under section 17 or 18 of The Controlled Substance, Drug, Device
11 and Cosmetic Act shall not be available to a defendant to which
12 this section applies.
13 (d) Appeal by Commonwealth.--If a sentencing court refuses
14 to apply this section where applicable, the Commonwealth shall
15 have the right to appellate review of the action of the
16 sentencing court. The appellate court shall vacate the sentence
17 and remand the case to the sentencing court for imposition of a
18 sentence in accordance with this section if it finds that the
19 sentence was imposed in violation of this section.
20 Section 2. This act shall apply to all offenses occurring on
21 or after the effective date of this act.
22 Section 3. This act shall take effect in 60 days.
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