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        PRIOR PRINTER'S NO. 16                        PRINTER'S NO. 1700

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 28 Session of 1999


        INTRODUCED BY MARSICO, GANNON, CLARK, NAILOR, DeLUCA, COY,
           KENNEY, SAYLOR, STABACK, BROWNE, PHILLIPS, BARRAR, HERMAN,
           READSHAW, GEIST, RUBLEY, BATTISTO, TRUE, WILT, E. Z. TAYLOR,
           FAIRCHILD, STERN, ZUG, ROSS, PIPPY, McNAUGHTON, YOUNGBLOOD,
           GEORGE, FARGO, GIGLIOTTI, CORRIGAN, BAKER, M. COHEN, BELARDI,
           HARHAI, DALLY, SEYFERT, L. I. COHEN, J. TAYLOR, GLADECK,
           BENNINGHOFF, BUNT, ALLEN, TRELLO, WASHINGTON, EGOLF,
           ARMSTRONG, McILHINNEY, BASTIAN AND SCHRODER, JANUARY 20, 1999

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MAY 4, 1999

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing FOR HARASSMENT AND    <--
     3     STALKING, FOR DECEPTIVE BUSINESS PRACTICES AND for drug
     4     trafficking sentencing and penalties; AND PROVIDING FOR        <--
     5     REIMBURSEMENT TO COMMONWEALTH FOR BUSINESS RELOCATION.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 7508(a) of Title 18 of the Pennsylvania    <--
     9  Consolidated Statutes is amended by adding a paragraph to read:
    10     SECTION 1.  SECTION 2709(C)(1) OF TITLE 18 OF THE              <--
    11  PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
    12  § 2709.  HARASSMENT AND STALKING.
    13     * * *
    14     (C)  GRADING.--
    15         (1)  AN OFFENSE UNDER SUBSECTION (A) SHALL BE GRADED AS
    16     FOLLOWS:

     1             (I)  EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), THE
     2         OFFENSE SHALL CONSTITUTE A SUMMARY OFFENSE.
     3             (II)  AN OFFENSE UNDER SUBSECTION (A)(3) IF THE
     4         DEFENDANT IS OR, DURING THE PAST FIVE YEARS, WAS ENGAGED
     5         IN CIVIL LITIGATION WITH THE VICTIM SHALL CONSTITUTE A
     6         FELONY OF THE THIRD DEGREE.
     7         * * *
     8     SECTION 2.  SECTION 4107(A) OF TITLE 18 IS AMENDED BY ADDING
     9  A PARAGRAPH TO READ:
    10  § 4107.  DECEPTIVE OR FRAUDULENT BUSINESS PRACTICES.
    11     (A)  OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF, IN THE
    12  COURSE OF BUSINESS, HE:
    13         * * *
    14         (7.1)  SIGNS A CONTRACT WITH A CONSUMER FOR SERVICES,
    15     RECEIVES ANY PAYMENT UNDER THE CONTRACT AND FAILS TO PERFORM
    16     THE SERVICES REQUIRED BY THE WRITTEN CONTRACT;
    17         * * *
    18     SECTION 3.  TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
    19  § 4120.  REIMBURSEMENT TO COMMONWEALTH FOR BUSINESS RELOCATION.
    20     (A)  OFFENSE DEFINED.--A PERSON OR BUSINESS ENTITY THAT
    21  RECEIVES COMMONWEALTH FUNDING FOR THE CREATION OF EMPLOYMENT
    22  COMMITS A MISDEMEANOR OF THE FIRST DEGREE IF THAT PERSON OR
    23  ENTITY FAILS TO REPAY THE COMMONWEALTH THE FULL AMOUNT OF THE
    24  FUNDING 60 DAYS PRIOR TO RELOCATION OF ANY UNIT OF THE PERSON'S
    25  OR ENTITY'S OPERATION, IN WHOLE OR IN PART, OUTSIDE OF THIS
    26  COMMONWEALTH WITHIN A PERIOD OF FIVE YEARS FROM RECEIPT OF THE
    27  FUNDING.
    28     (B)  ENFORCEMENT.--THE ATTORNEY GENERAL SHALL ENFORCE THE
    29  PROVISIONS OF THIS SECTION AND SHALL TAKE SUCH ACTIONS AS MAY BE
    30  NECESSARY TO ASCERTAIN AND INVESTIGATE ALLEGED VIOLATIONS OF
    19990H0028B1700                  - 2 -

     1  THIS SECTION AND TO IMPOSE FINES.
     2     SECTION 4.  SECTION 7508(A) OF TITLE 18 IS AMENDED BY ADDING
     3  A PARAGRAPH TO READ:
     4  § 7508.  Drug trafficking sentencing and penalties.
     5     (a)  General rule.--Notwithstanding any other provisions of
     6  this or any other act to the contrary, the following provisions
     7  shall apply:
     8         * * *
     9         (7)  A person who is convicted of violating section
    10     13(a)(14), (30) or (37) of The Controlled Substance, Drug,
    11     Device and Cosmetic Act where the controlled substance or a
    12     mixture containing it is heroin shall, upon conviction, be
    13     sentenced as set forth in this paragraph:
    14             (i)  when the aggregate weight of the compound or
    15         mixture containing the heroin involved is at least 1.0
    16         gram but less than 5.0 grams the sentence shall be a
    17         mandatory minimum term of two years in prison and a fine
    18         of $5,000 or such larger amount as is sufficient to
    19         exhaust the assets utilized in and the proceeds from the
    20         illegal activity; however, if at the time of sentencing
    21         the defendant has been convicted of another drug
    22         trafficking offense: a mandatory minimum term of three
    23         years in prison and $10,000 or such larger amount as is
    24         sufficient to exhaust the assets utilized in and the
    25         proceeds from the illegal activity;
    26             (ii)  when the aggregate weight of the compound or
    27         mixture containing the heroin involved is at least 5.0
    28         grams but less than 50 grams; a mandatory minimum term of
    29         three years in prison and a fine of $15,000 or such
    30         larger amount as is sufficient to exhaust the assets
    19990H0028B1700                  - 3 -

     1         utilized in and the proceeds from the illegal activity;
     2         however, if at the time of sentencing the defendant has
     3         been convicted of another drug trafficking offense: a
     4         mandatory minimum term of five years in prison and
     5         $30,000 or such larger amount as is sufficient to exhaust
     6         the assets utilized in and the proceeds from the illegal
     7         activity; and
     8             (iii)  when the aggregate weight of the compound or
     9         mixture containing the heroin involved is 50 grams or
    10         greater: a mandatory minimum term of five years in prison
    11         and a fine of $25,000 or such larger amount as is
    12         sufficient to exhaust the assets utilized in and the
    13         proceeds from the illegal activity; however, if at the
    14         time of sentencing the defendant has been convicted of
    15         another drug trafficking offense: a mandatory minimum
    16         term of seven years in prison and $50,000 or such larger
    17         amount as is sufficient to exhaust the assets utilized in
    18         and the proceeds from the illegal activity.
    19     * * *
    20     Section 2 5.  This act shall take effect in 60 days.           <--







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