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                                                      PRINTER'S NO. 3335

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2220 Session of 2008


        INTRODUCED BY MARSICO, BAKER, BELFANTI, BEYER, BOYD, CAPPELLI,
           CIVERA, DALEY, DALLY, DeLUCA, FLECK, GEIST, GINGRICH, GRELL,
           HARHART, HELM, HESS, HICKERNELL, KAUFFMAN, M. KELLER, KENNEY,
           KOTIK, MAJOR, MARSHALL, McILHATTAN, MENSCH, R. MILLER, MILNE,
           MOUL, MOYER, MURT, O'NEILL, PAYNE, PETRONE, PHILLIPS,
           PICKETT, PYLE, READSHAW, RUBLEY, SAYLOR, SIPTROTH,
           R. STEVENSON, SWANGER, J. TAYLOR, THOMAS, TRUE, TURZAI AND
           YOUNGBLOOD, MARCH 10, 2008

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2008

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for drug delivery
     3     resulting in death.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 2506(a) and (b) of Title 18 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 2506.  Drug delivery resulting in death.
     9     (a)  General rule.--A person commits [murder of the third
    10  degree who] a felony of the first degree if the person
    11  intentionally, knowingly or recklessly administers, dispenses,
    12  delivers, gives, prescribes, sells or distributes any controlled
    13  substance or counterfeit controlled substance in violation of
    14  section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
    15  No.64), known as The Controlled Substance, Drug, Device and


     1  Cosmetic Act, and another person dies as a result of using the
     2  substance.
     3     (b)  Mandatory minimum sentence.--A person convicted under
     4  subsection (a) shall be sentenced to a minimum sentence of at
     5  least [five] 20 years of total confinement and a fine of
     6  $15,000, or such larger amount as is sufficient to exhaust the
     7  assets utilized in and the proceeds from the illegal activity,
     8  notwithstanding any other provision of this title or other
     9  statute to the contrary.
    10     * * *
    11     Section 2.  This act shall take effect in 60 days.













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