PRIOR PRINTER'S NO. 480 PRINTER'S NO. 753
No. 432 Session of 2007
INTRODUCED BY GORDNER, MADIGAN, ROBBINS, WONDERLING, ARMSTRONG,
BOSCOLA, BROWNE, BRUBAKER, COSTA, ERICKSON, FONTANA, KASUNIC,
LOGAN, ORIE, PUNT, RAFFERTY, REGOLA, RHOADES, TARTAGLIONE,
TOMLINSON, WAUGH AND D. WHITE, MARCH 14, 2007
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 27, 2007
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," providing for the
11 offenses of operating a methamphetamine laboratory and
12 illegal dumping of methamphetamine waste.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of April 14, 1972 (P.L.233, No.64), known
16 as The Controlled Substance, Drug, Device and Cosmetic Act, is
17 amended by adding a section to read:
18 Section 13.3. Operating a Methamphetamine Laboratory and
19 Illegal Dumping of Methamphetamine Waste.--(a) (1) A person
20 commits the offense of operating a methamphetamine laboratory if
21 the person knowingly causes a chemical reaction involving
22 ephedrine, pseudoephedrine or phenylpropanolamine or any of
1 their salts, optical isomers or salts of optical isomers for the
2 purpose of manufacturing methamphetamine or preparing a
3 precursor substance for the manufacture of methamphetamine.
4 (2) Except as provided in paragraph CLAUSE (3), an offense <--
5 under this subsection constitutes a felony of the second degree
6 and is subject to 18 Pa.C.S. § 1110 (relating to restitution for
7 cleanup of clandestine laboratories).
8 (3) A person who violates this subsection commits a felony
9 of the first degree AND IS SUBJECT TO 18 PA.C.S. § 1110 if the <--
10 chemical reaction occurs within 1,000 feet of the real property
11 on which is located a public, private or parochial school, a
12 college or university or a nursery school or day care center, or
13 within 250 feet of the real property on which is located a
14 recreation center or playground. and shall be sentenced as <--
15 provided in 18 Pa.C.S. § 6317 (relating to drug-free school
16 zones).
17 (4) This subsection does not apply to the manufacturing
18 operation of a licensed pharmaceutical company in the normal
19 course of business.
20 (b) (1) A person commits a felony of the third degree if he
21 intentionally, knowingly or recklessly deposits, stores or
22 disposes on any property a precursor substance, chemical waste
23 or debris, used in or resulting from the manufacture of
24 methamphetamine or the preparation of a precursor substance for
25 the manufacture of methamphetamine.
26 (2) Paragraph CLAUSE (1) does not apply to the disposal of <--
27 waste products:
28 (i) by a licensed pharmaceutical company in the normal
29 course of business; or
30 (ii) pursuant to Federal or State laws regulating the
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1 cleanup or disposal of waste products from unlawful
2 manufacturing of methamphetamine.
3 (c) In addition to restitution under 18 Pa.C.S. § 1110, a
4 person who is convicted of an offense under subsection (a) or
5 the use of a precursor substance to manufacture methamphetamine
6 shall be ordered to reimburse the appropriate law enforcement
7 agency, emergency medical services organization, fire company or
8 other organization for the costs of cleaning up the
9 environmental hazards associated with the operation of the
10 laboratory or the use of a precursor substance to manufacture
11 methamphetamine.
12 Section 2. This act shall take effect in 60 days.
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