PRINTER'S NO. 904
No. 744 Session of 2005
INTRODUCED BY STACK, RAFFERTY, LOGAN, KITCHEN, LAVALLE, BOSCOLA, STOUT, TARTAGLIONE, C. WILLIAMS, COSTA AND KASUNIC, JUNE 13, 2005
REFERRED TO JUDICIARY, JUNE 13, 2005
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, providing for the offense of theft of 3 controlled substances. 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 § 3935. Theft of controlled substances. 9 (a) Offense defined.--A person commits the offense of theft 10 of a controlled substance if he: 11 (1) unlawfully takes possession of, carries away, 12 transfers, causes to be transferred or exercises control over 13 a controlled substance or other drug prescribed by a 14 practitioner for medication for an ultimate user with the 15 intent to deprive the ultimate user of the use of the 16 controlled substance or other drug; or 17 (2) unlawfully takes possession of, carries away, 18 transfers, causes to be transferred or exercises control over
1 a controlled substance or other drug held, stored, offered 2 for sale or distributed by a practitioner, manufacturer or 3 distributor with the intent to deprive the practitioner, 4 manufacturer or distributor thereof. 5 (b) Grading.--An offense under this section constitutes a 6 felony of the third degree. 7 (c) Definitions.--As used in this section, the following 8 words and phrases shall have the meanings given to them in this 9 subsection: 10 "Controlled substance." As defined in the act of April 14, 11 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, 12 Device and Cosmetic Act. 13 "Distributor." As defined in the act of April 14, 1972 14 (P.L.233, No.64), known as The Controlled Substance, Drug, 15 Device and Cosmetic Act. 16 "Drug." As defined in the act of April 14, 1972 (P.L.233, 17 No.64), known as The Controlled Substance, Drug, Device and 18 Cosmetic Act. 19 "Manufacturer." As defined in the act of April 14, 1972 20 (P.L.233, No.64), known as The Controlled Substance, Drug, 21 Device and Cosmetic Act. 22 "Practitioner." As defined in the act of April 14, 1972 23 (P.L.233, No.64), known as The Controlled Substance, Drug, 24 Device and Cosmetic Act. 25 "Ultimate user." As defined in the act of April 14, 1972 26 (P.L.233, No.64), known as The Controlled Substance, Drug, 27 Device and Cosmetic Act. 28 Section 2. This act shall take effect in 60 days. A5L18MSP/20050S0744B0904 - 2 -