PRINTER'S NO. 898
No. 821 Session of 1999
INTRODUCED BY MADIGAN, HELFRICK, MUSTO, SALVATORE, WAGNER,
TARTAGLIONE, GERLACH, KASUNIC, BELL, DENT, MELLOW, RHOADES,
BELAN, HART, BOSCOLA, CORMAN AND SLOCUM, APRIL 16, 1999
REFERRED TO JUDICIARY, APRIL 16, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for an additional sentence
3 for trafficking drugs within 1,000 feet of public housing.
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 § 7513. Additional sentence for trafficking drugs within 1,000
9 feet of public housing.
10 (a) General rule.--A person who is convicted in any court of
11 this Commonwealth of a violation of section 13(a)(14), (30) or
12 (37) of the act of April 14, 1972 (P.L.233, No.64), known as The
13 Controlled Substance, Drug, Device and Cosmetic Act, shall, in
14 addition to the penalty imposed for violation of The Controlled
15 Substance, Drug, Device and Cosmetic Act, be sentenced under
16 subsection (b) where the offense was committed within 1,000 feet
17 of the real property on which is located a multifamily public
18 housing project.
1 (b) Sentence.--For a first violation, a person shall be
2 sentenced to a mandatory term of ten years of imprisonment. For
3 a second violation, a person shall be sentenced under this
4 section to a term of life imprisonment.
5 (c) Proof at sentencing.--The provisions of this section
6 shall not be an element of the crime. Notice of the
7 applicability of this section to the defendant shall not be
8 required prior to conviction, but reasonable notice of the
9 Commonwealth's intention to proceed under this section shall be
10 provided after conviction and before sentencing. The
11 applicability of this section shall be determined at sentencing.
12 The court shall consider evidence presented at trial, shall
13 afford the Commonwealth and the defendant an opportunity to
14 present necessary additional evidence and shall determine, by a
15 preponderance of the evidence, if this section is applicable.
16 (d) Authority of 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 (b), 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) Definition.--As used in this section, the term
6 "multifamily public housing project" means:
7 (1) A structure or structures suitable for dwelling for
8 50 or more families which are, or prior to acquisition by the
9 Office of Secretary of Housing and Urban Development were,
10 assisted or insured under the National Housing Act (48 Stat.
11 1246, 12 U.S.C. § 1701 et seq.) or were subject to a loan
12 under section 202 of the Housing Act of 1959 (12 U.S.C. §
13 1701q) or section 312 of the Housing Act of 1964 (42 U.S.C. §
14 1452b), or which are acquired by the Office of Secretary of
15 Housing and Urban Development under any other provision of
16 Federal Law.
17 (2) A structure or structures suitable for dwelling for
18 50 or more families which receive or have received any of the
19 following assistance under Federal Law:
20 (i) Below-market interest rate mortgage insurance.
21 (ii) Interest reduction payments.
22 (iii) Rent supplement payments.
23 (iv) Direct loans at below-market interest rates.
24 (v) Housing assistance payments.
25 (3) A structure or structures suitable for dwelling for
26 50 or more families organized under the act of May 28, 1937
27 (P.L.955, No.265), known as the Housing Authorities Law.
28 Section 2. This act shall apply to offenses committed on or
29 after the effective date of this act.
30 Section 3. This act shall take effect in 60 days.
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