THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOYD, BAKER, BARRAR, BELFANTI, BEYER, BRENNAN, BROWN, CAUSER, CIVERA, CONKLIN, CREIGHTON, CUTLER, DALLY, DeLUCA, EVERETT, FABRIZIO, FAIRCHILD, FLECK, GEIST, GIBBONS, GILLESPIE, GINGRICH, GROVE, HARHAI, HARKINS, HESS, HICKERNELL, KAUFFMAN, M. KELLER, KIRKLAND, KORTZ, KOTIK, MAJOR, MANN, MICCARELLI, MILLARD, MOUL, MURPHY, MYERS, PEIFER, PETRARCA, PICKETT, RAPP, READSHAW, REED, REICHLEY, ROCK, ROHRER, SAYLOR, SCAVELLO, SIPTROTH, K. SMITH, SOLOBAY, STABACK, STERN, SWANGER, TRUE, VULAKOVICH, WALKO, WANSACZ AND WATSON, MARCH 5, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for drug-free school

zones.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6317 heading, (a) and (b) of Title 18 of

the Pennsylvania Consolidated Statutes are amended and the

section is amended by adding a subsection to read:

§ 6317.  Drug-free [school] zones.

(a)  General rule.--A person 18 years of age or older who is

convicted in any court of this Commonwealth of a violation of

section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,

No.64), known as The Controlled Substance, Drug, Device and

Cosmetic Act, shall, if the delivery or possession with intent

to deliver of the controlled substance occurred within 1,000

feet of the real property on which is located a public, private

or parochial school or a college or university or within 250

feet of [the real property on which is located a recreation

center or playground or on a school bus,] a drug-free zone shall 

be sentenced to a minimum sentence of at least two years of

total confinement, notwithstanding any other provision of this

title, The Controlled Substance, Drug, Device and Cosmetic Act

or other statute to the contrary. The maximum term of

imprisonment shall be four years for any offense:

(1)  subject to this section; and

(2)  for which The Controlled Substance, Drug, Device and

Cosmetic Act provides for a maximum term of imprisonment of

less than four years.

If the [sentencing court finds] allegation is that the delivery

or possession with intent to deliver was to an individual under

18 years of age, then this section shall not be applicable and

the offense shall be subject to section 6314 (relating to

sentencing and penalties for trafficking drugs to minors).

[(b)  Proof at sentencing.--The provisions of this section

shall not be an element of the crime. Notice of the

applicability of this section to the defendant shall not be

required prior to conviction, but reasonable notice of the

Commonwealth's intention to proceed under this section shall be

provided after conviction and before sentencing. The

applicability of this section shall be determined at sentencing.

The court shall consider evidence presented at trial, shall

afford the Commonwealth and the defendant an opportunity to

present necessary additional evidence and shall determine by a

preponderance of the evidence if this section is applicable.]

* * *

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Drug-free zone."  The term shall include any of the

following:

(1)  Real property on which is located a college,

university or public, private or parochial school.

(2)  A community recreation center or playground.

(3)  A school bus.

(4)  A shopping center consisting of three or more retail

stores connected under a common roof and regularly open to

the public.

(5)  A skating rink.

(6)  A community swimming pool.

Section 2.  This act shall take effect in 60 days.