SENATE AMENDED
PRIOR PRINTER'S NO. 2182 PRINTER'S NO. 2830
No. 1757 Session of 1997
INTRODUCED BY WOJNAROSKI, READSHAW, MAYERNIK, KAISER, GODSHALL,
COY, ROSS, CASORIO, LEDERER, STABACK, SHANER, STURLA,
B. SMITH, FARGO, DeLUCA, PISTELLA, BENNINGHOFF, TANGRETTI,
HUTCHINSON, M. COHEN, WASHINGTON, WAUGH, KELLER, DALLY,
BROWNE, TIGUE, ORIE, BOSCOLA, YOUNGBLOOD, STERN, WILT,
PLATTS, CORPORA, SERAFINI, LYNCH, EGOLF, LAUGHLIN, PHILLIPS,
HENNESSEY, TRICH, STEELMAN, PETRARCA, McNAUGHTON, RAMOS,
THOMAS, BEBKO-JONES, SEYFERT AND DENT, SEPTEMBER 11, 1997
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
JANUARY 27, 1998
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of solicitation
3 of minors to traffic drugs.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6317 6319. Solicitation of minors to traffic drugs. <--
9 (a) Offense defined.--A person 18 years of age or older
10 commits a felony of the second degree if he solicits a person
11 who is less than 18 years of age to engage in a violation of
12 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
13 No.64), known as The Controlled Substance, Drug, Device and
14 Cosmetic Act, or delivers or conspires to deliver a controlled
1 substance to such a person, intending, knowing or having reason
2 to know that the person intends to engage in such a violation
3 with the controlled substance.
4 (b) Drug-free school zone.--A person violating subsection
5 (a) commits a felony of the first degree if he intends, knows or
6 has reason to know that the person under 18 years of age intends
7 to violate section 13(a)(14) or (30) of The Controlled
8 Substance, Drug, Device and Cosmetic Act in a drug-free school
9 zone.
10 (c) Penalties.--A person convicted under subsection (a) <--
11 shall be sentenced to a minimum sentence of at least three years
12 of total confinement, notwithstanding any other provision of
13 this title or other statute to the contrary. A person convicted
14 under subsection (b) shall be sentenced to a minimum sentence of
15 at least six years of total confinement.
16 (d) Authority of the court in sentencing.--There shall be no
17 authority for a court to impose on a defendant to which this
18 section is applicable a lesser sentence than provided for in
19 subsection (c), to place the defendant on probation or to
20 suspend sentence. Nothing in this section shall prevent the
21 sentencing court from imposing a sentence greater than that
22 provided in this section. Sentencing guidelines promulgated by
23 the Pennsylvania Commission on Sentencing shall not supersede
24 the mandatory sentences provided in this section. Disposition
25 under section 17 or 18 of The Controlled Substance, Drug, Device
26 and Cosmetic Act shall not be available to a defendant to which
27 this section applies.
28 (e) Appeal by Commonwealth.--If a sentencing court refuses
29 to apply this section where applicable, the Commonwealth shall
30 have the right to appellate review of the action of the
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1 sentencing court. The appellate court shall vacate the sentence
2 and remand the case to the sentencing court for imposition of a
3 sentence in accordance with this section if it finds that the
4 sentence was imposed in violation of this section.
5 (f) (C) Definition.--As used in this section, the term <--
6 "drug-free school zone" means the area within 1,000 feet of the
7 real property on which is located a public, private or parochial
8 school or a college or university. The term also includes a
9 school bus or the area within 500 feet of a school bus stop.
10 Section 2. This act shall take effect in 60 days.
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