| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY O'NEILL, CLYMER, EVERETT, FARRY, GRELL, GROVE, HARKINS, MILLER, MOUL, PEIFER, PYLE, SCAVELLO, TALLMAN, J. TAYLOR, VEREB, HESS, GILLESPIE AND FABRIZIO, FEBRUARY 2, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2011 |
| |
| |
| |
| 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 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 2506. Drug delivery resulting in death. |
9 | (a) [General rule] Offense defined.--A person commits |
10 | [murder of the third degree who] a felony of the first degree if |
11 | the person intentionally administers, dispenses, delivers, |
12 | gives, prescribes, sells or distributes any controlled substance |
13 | or counterfeit controlled substance in violation of section |
14 | 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, No.64), |
15 | known as The Controlled Substance, Drug, Device and Cosmetic |
16 | Act, and another person dies as a result of using the substance. |
17 | (b) [Mandatory minimum sentence.--A person convicted under |
|
1 | subsection (a) shall be sentenced to a minimum sentence of at |
2 | least five years of total confinement and a fine of $15,000, or |
3 | such larger amount as is sufficient to exhaust the assets |
4 | utilized in and the proceeds from the illegal activity, |
5 | notwithstanding any other provision of this title or other |
6 | statute to the contrary.] Penalty.--A person convicted under |
7 | subsection (a) shall be sentenced to a term of imprisonment |
8 | which shall be fixed by the court at not more than 40 years. |
9 | [(d) Authority of court in sentencing.--There shall be no |
10 | authority in any court to impose on an offender to which this |
11 | section is applicable a lesser sentence than provided for herein |
12 | or to place the offender on probation, parole, work release or |
13 | prerelease or to suspend sentence. Nothing in this section shall |
14 | prevent the sentencing court from imposing a sentence greater |
15 | than provided herein. Sentencing guidelines promulgated by the |
16 | Pennsylvania Commission on Sentencing shall not supersede the |
17 | mandatory sentences provided herein. Disposition under section |
18 | 17 or 18 of The Controlled Substance, Drug, Device and Cosmetic |
19 | Act shall not be available to a defendant to which this section |
20 | applies. |
21 | (e) Appeal by Commonwealth.--If a sentencing court refuses |
22 | to apply subsection (b) where applicable, the Commonwealth shall |
23 | have the right to appellate review of the action of the |
24 | sentencing court. The appellate court shall vacate the sentence |
25 | and remand the case to the sentencing court for imposition of a |
26 | sentence in accordance with subsection (b) if it finds that the |
27 | sentence was imposed in violation of subsection (b).] |
28 | (f) Forfeiture.--Assets against which a forfeiture petition |
29 | has been filed and is pending or against which the Commonwealth |
30 | has indicated an intention to file a forfeiture petition shall |
|
1 | not be subject to a fine. Nothing in this section shall prevent |
2 | a fine from being imposed on assets which have been subject to |
3 | an unsuccessful forfeiture petition. |
4 | Section 2. This act shall take effect in 60 days. |
|