THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MURT, BAKER, BEYER, BOYD, BRADFORD, CASORIO, CAUSER, D. COSTA, DALLY, FAIRCHILD, FLECK, GROVE, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M. KELLER, MAJOR, MILLARD, MILLER, MOUL, OBERLANDER, PICKETT, PYLE, SIPTROTH, STERN, SWANGER, TRUE, TURZAI AND VULAKOVICH, JULY 24, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JULY 24, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for drug trafficking

sentencing and penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 7508(a)(3), (4) and (7) of Title 18 of

the Pennsylvania Consolidated Statutes are amended to read:

§ 7508.  Drug trafficking sentencing and penalties.

(a)  General rule.--Notwithstanding any other provisions of

this or any other act to the contrary, the following provisions

shall apply:

* * *

(3)  A person who is convicted of violating section 13(a)

(14), (30) or (37) of The Controlled Substance, Drug, Device

and Cosmetic Act where the controlled substance is coca

leaves or is any salt, compound, derivative or preparation of

coca leaves or is any salt, compound, derivative or

preparation which is chemically equivalent or identical with

any of these substances or is any mixture containing any of

these substances except decocainized coca leaves or extracts

of coca leaves which (extracts) do not contain cocaine or

ecgonine shall, upon conviction, be sentenced to a mandatory

minimum term of imprisonment and a fine as set forth in this

subsection:

(i)  when the aggregate weight of the compound or

mixture containing the substance involved is at least 2.0

grams and less than ten grams; one year in prison and a

fine of $5,000 or such larger amount as is sufficient to

exhaust the assets utilized in and the proceeds from the

illegal activity; however, if at the time of sentencing

the defendant has been convicted of another drug

trafficking offense: three years in prison and $10,000 or

such larger amount as is sufficient to exhaust the assets

utilized in and the proceeds from the illegal activity;

(ii)  when the aggregate weight of the compound or

mixture containing the substance involved is at least ten

grams and less than 100 grams; three years in prison and

a fine of $15,000 or such larger amount as is sufficient

to exhaust the assets utilized in and the proceeds from

the illegal activity; however, if at the time of

sentencing the defendant has been convicted of another

drug trafficking offense: five years in prison and

$30,000 or such larger amount as is sufficient to exhaust

the assets utilized in and the proceeds from the illegal

activity; [and]

(iii)  when the aggregate weight of the compound or

mixture of the substance involved is at least 100 grams[;

four] and less than 500 grams; five years in prison and a

fine of [$25,000] $30,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity; however, if at the

time of sentencing the defendant has been convicted of

another drug trafficking offense: seven years in prison

and $50,000 or such larger amount as is sufficient to

exhaust the assets utilized in and the proceeds from the

illegal activity[.]; and

(iv)  when the aggregate weight of the compound or

mixture of the substance involved is 500 grams or

greater; ten years in prison and a fine of $50,000 or

such larger amount as is sufficient to exhaust the assets

utilized in and the proceeds from the illegal activity;

however, if at the time of sentencing the defendant has

been convicted of another drug trafficking offense: 13

years in prison and $60,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity.

(4)  A person who is convicted of violating section 13(a)

(14), (30) or (37) of The Controlled Substance, Drug, Device

and Cosmetic Act where the controlled substance is

methamphetamine or phencyclidine or is a salt, isomer or salt

of an isomer of methamphetamine or phencyclidine or is a

mixture containing methamphetamine or phencyclidine,

containing a salt of methamphetamine or phencyclidine,

containing an isomer of methamphetamine or phencyclidine,

containing a salt of an isomer of methamphetamine or

phencyclidine shall, upon conviction, be sentenced to a

mandatory minimum term of imprisonment and a fine as set

forth in this subsection:

(i)  when the aggregate weight of the compound or

mixture containing the substance involved is at least

five grams and less than ten grams; three years in prison

and a fine of $15,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity; however, if at the

time of sentencing the defendant has been convicted of

another drug trafficking offense: five years in prison

and $30,000 or such larger amount as is sufficient to

exhaust the assets utilized in and the proceeds from the

illegal activity;

(ii)  when the aggregate weight of the compound or

mixture containing the substance involved is at least ten

grams and less than 100 grams; [four] five years in

prison and a fine of $25,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity; however, if at the

time of sentencing the defendant has been convicted of

another drug trafficking offense: seven years in prison

and $50,000 or such larger amount as is sufficient to

exhaust the assets utilized in and the proceeds from the

illegal activity; [and]

(iii)  when the aggregate weight of the compound or

mixture containing the substance involved is at least 100

grams[; five] and less than 500 grams; seven years in

prison and a fine of $50,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity; however, if at the

time of sentencing the defendant has been convicted of

another drug trafficking offense: [eight] ten years in

prison and [$50,000] $60,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity[.]; and

(iv)  when the aggregate weight of the compound or

mixture of the substance involved is 500 grams or

greater; ten years in prison and a fine of $60,000 or

such larger amount as is sufficient to exhaust the assets

utilized in and the proceeds from the illegal activity;

however, if at the time of sentencing the defendant has

been convicted of another drug trafficking offense: 13

years in prison and $70,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity.

* * *

(7)  A person who is convicted of violating section 13(a)

(14), (30) or (37) of The Controlled Substance, Drug, Device

and Cosmetic Act where the controlled substance or a mixture

containing it is heroin shall, upon conviction, be sentenced

as set forth in this paragraph:

(i)  when the aggregate weight of the compound or

mixture containing the heroin involved is at least 1.0

gram but less than 5.0 grams the sentence shall be a

mandatory minimum term of two years in prison and a fine

of $5,000 or such larger amount as is sufficient to

exhaust the assets utilized in and the proceeds from the

illegal activity; however, if at the time of sentencing

the defendant has been convicted of another drug

trafficking offense: a mandatory minimum term of three

years in prison and $10,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity;

(ii)  when the aggregate weight of the compound or

mixture containing the heroin involved is at least 5.0

grams but less than 50 grams: a mandatory minimum term of

[three] five years in prison and a fine of $15,000 or

such larger amount as is sufficient to exhaust the assets

utilized in and the proceeds from the illegal activity;

however, if at the time of sentencing the defendant has

been convicted of another drug trafficking offense: a

mandatory minimum term of [five] seven years in prison

and $30,000 or such larger amount as is sufficient to

exhaust the assets utilized in and the proceeds from the

illegal activity; [and]

(iii)  when the aggregate weight of the compound or

mixture containing the heroin involved is [50 grams or

greater] at least 50 grams but less than 100 grams: a

mandatory minimum term of [five] seven years in prison

and a fine of [$25,000] $30,000 or such larger amount as

is sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity; however, if at the

time of sentencing the defendant has been convicted of

another drug trafficking offense: a mandatory minimum

term of [seven] ten years in prison and $50,000 or such

larger amount as is sufficient to exhaust the assets

utilized in and the proceeds from the illegal

activity[.]; and

(iv)  when the aggregate weight of the compound or

mixture containing the heroin is 100 grams or greater:

ten years in prison and a fine of $50,000 or such larger

amount as is sufficient to exhaust the assets utilized in

and the proceeds from the illegal activity; however, if

at the time of sentencing the defendant has been

convicted of another drug trafficking offense: 13 years

in prison and $60,000 or such larger amount as is

sufficient to exhaust the assets utilized in and the

proceeds from the illegal activity.

* * *

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