PRIOR PRINTER'S NO. 2825 PRINTER'S NO. 4027
No. 2165 Session of 2000
INTRODUCED BY BARD, BUNT, E. Z. TAYLOR, HORSEY, GEIST,
ARMSTRONG, BELARDI, BROWNE, CORRIGAN, FAIRCHILD, FREEMAN,
HARHAI, JADLOWIEC, LYNCH, MARSICO, PETRONE, READSHAW, ROSS,
RUBLEY, SAINATO, SEYFERT, SHANER, STABACK, J. TAYLOR, THOMAS,
WOGAN, STURLA AND FLICK, JANUARY 4, 2000
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 3, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for drug trafficking
3 sentencing and penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 7508(a) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding a paragraph AND THE <--
8 SECTION IS AMENDED BY ADDING A SUBSECTION to read:
9 § 7508. Drug trafficking sentencing and penalties.
10 (a) General rule.--Notwithstanding any other provisions of
11 this or any other act to the contrary, the following provisions
12 shall apply:
13 * * *
14 (7) A person who is convicted of violating section <--
15 13(a)(14), (30) or (37) of The Controlled Substance, Drug,
16 Device and Cosmetic Act while in possession of a firearm
1 shall, upon conviction, be sentenced to a mandatory minimum
2 term of imprisonment of five years. As used in this
3 paragraph, a firearm is any weapon, including a starter gun,
4 which will, or is designed to, expel a projectile or
5 projectiles by the action of an explosion, expansion of gas
6 or escape of gas.
7 (8) A PERSON WHO IS CONVICTED OF VIOLATING SECTION <--
8 13(A)(30) OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
9 COSMETIC ACT WHILE THAT PERSON IS POSSESSING, OR IS USING OR
10 INTENDING TO USE A FIREARM TO FACILITATE THE VIOLATION,
11 SHALL, UPON CONVICTION, BE SENTENCED TO A MANDATORY MINIMUM
12 TERM OF IMPRISONMENT OF FIVE YEARS. A FIREARM FOUND IN CLOSE
13 PROXIMITY TO CONTROLLED SUBSTANCES POSSESSED, MANUFACTURED OR
14 DELIVERED IN VIOLATION OF SECTION 13(A)(30) SHALL BE
15 REBUTTABLY PRESUMED TO BE USED OR INTENDED FOR USE TO
16 FACILITATE SUCH VIOLATION.
17 * * *
18 (C.1) AGGREGATE PENALTIES NOT TO EXCEED STATUTORY MAXIMUM.--
19 WHERE A DEFENDANT IS SUBJECT TO A MANDATORY MINIMUM SENTENCE
20 UNDER SUBSECTION (A)(1), (2), (3), (4), (5), (6) OR (8), AND IS
21 ALSO SUBJECT TO AN ADDITIONAL PENALTY UNDER SUBSECTION (A)(8),
22 AND WHERE THE COURT ELECTS TO AGGREGATE THESE PENALTIES, THE
23 COMBINED MINIMUM SENTENCE MAY NOT EXCEED THE STATUTORY MAXIMUM
24 SENTENCE OF IMPRISONMENT ALLOWABLE UNDER THE CONTROLLED
25 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
26 * * *
27 Section 2. This act shall take effect in 60 days.
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