Regular Session 2017-2018 House Bill 0741 P.N. 1262

PRIOR PRINTER'S NO. 807

PRINTER'S NO. 1262

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

741

Session of

2017

INTRODUCED BY STEPHENS, McGINNIS, BARRAR, MILLARD, QUIGLEY,

D. COSTA, MARSICO, WHEELAND, MAHER AND CORR, MARCH 7, 2017

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

APRIL 4, 2017

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in minors, further providing for sentencing and

penalties for trafficking drugs to minors and for drug-free

school zones; in other offenses, further providing for drug

trafficking sentencing and penalties; and, in sentencing,

further providing for sentences for offenses committed with

firearms, for sentences for certain drug offenses committed

with firearms, for sentences for offenses committed on public

transportation, for sentences for offenses against elderly

persons, for sentences for offenses against infant persons,

for sentence for failure to comply with registration of

sexual offenders and for sentences for offenses committed

while impersonating a law enforcement officer.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 6314, 6317 and 7508(a), (b) and (d) of

Title 18 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 6314. Sentencing and penalties for trafficking drugs to

minors.

(a) General rule.--A person over 18 years of age 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 was to a minor, be

sentenced to a minimum sentence of at least [one year] TWO YEARS

total confinement, notwithstanding any other provision of this

title or other statute to the contrary.

(b) Additional penalties.--In addition to the mandatory

minimum sentence set forth in subsection (a), the person shall

be sentenced to an additional minimum sentence of at least [two

years] ONE YEAR total confinement, notwithstanding any other

provision of this title or other statute to the contrary, if the

person did any of the following:

(1) Committed the offense with the intent to promote the

habitual use of the controlled substance.

(2) Intended to engage the minor in the trafficking,

transportation, delivery, manufacturing, sale or conveyance.

(3) Committed the offense within 1,000 feet of the real

property on which is located a public, private or parochial

school or a college or university.

(4) Committed the offense on a school bus or within 500

feet of a school bus stop.

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

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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.]

Application of mandatory minimum penalty.--Any provision of this

section that requires imposition of a mandatory minimum sentence

shall constitute an element enhancing the underlying offense.

Any enhancing element must be proven beyond a reasonable doubt

at trial on the underlying offense and must be submitted to the

fact-finder for deliberation together with the underlying

offense. If the fact-finder finds the defendant guilty of the

underlying offense, the fact-finder shall then also decide

whether any enhancing element has been proven.

(d) Authority of court in sentencing.--There shall be no

authority for a court to impose on a defendant to which this

section is applicable a lesser sentence than provided for in

[subsection (a)] subsections (a) and (b), to place the defendant

on probation or to suspend sentence. Nothing in this section

shall prevent the sentencing court from imposing a sentence

greater than that provided in this section. Sentencing

guidelines promulgated by the Pennsylvania Commission on

Sentencing shall not supersede the mandatory sentences provided

in this section. Disposition under section 17 or 18 of The

Controlled Substance, Drug, Device and Cosmetic Act shall not be

available to a defendant to which this section applies.

(e) Appeal by Commonwealth.--[If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

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sentence was imposed in violation of this section.] If the fact-

finder has found any enhancing element and a sentencing court

imposes a sentence below the mandatory minimum sentence, the

Commonwealth shall have the right to appellate review of the

sentence. If the appellate court finds that the mandatory

sentencing provision was applicable, the court shall vacate the

sentence and remand the case for resentencing in accordance with

that provision.

(f) Forfeiture.--Assets against which a forfeiture petition

has been filed and is pending or against which the Commonwealth

has indicated an intention to file a forfeiture petition shall

not be subject to a fine under this section.

(g) Definition.--As used in this section, the term "minor"

means an individual under 18 years of age.

§ 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, 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:

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(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 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).

(A) GENERAL RULE.--[A]

(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), 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, BE SENTENCED TO A MINIMUM

SENTENCE OF AT LEAST [TWO YEARS] ONE YEAR 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] TWO YEARS FOR ANY OFFENSE:

[(1)] (I) SUBJECT TO THIS SECTION; AND

[(2)] (II) FOR WHICH THE CONTROLLED SUBSTANCE, DRUG,

DEVICE AND COSMETIC ACT PROVIDES FOR A MAXIMUM TERM OF

IMPRISONMENT OF LESS THAN [FOUR] TWO YEARS.

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(2) WITH RESPECT TO A COLLEGE OR UNIVERSITY, THE

PROVISIONS OF PARAGRAPH (1) SHALL NOT APPLY TO A VIOLATION IF

THE CONTROLLED SUBSTANCE IS MARIHUANA OR HASHISH.

(3) IF THE SENTENCING COURT FINDS 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.]

Application of mandatory minimum penalty.--Any provision of this

section that requires imposition of a mandatory minimum sentence

shall constitute an element enhancing the underlying offense.

Any enhancing element must be proven beyond a reasonable doubt

at trial on the underlying offense and must be submitted to the

fact-finder for deliberation together with the underlying

offense. If the fact-finder finds the defendant guilty of the

underlying offense, the fact-finder shall then also decide

whether any enhancing element has been proven.

authority for a court to impose on a defendant to which this

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section is applicable a lesser sentence than provided for in

subsection (a), to place the defendant on probation or to

suspend sentence. Nothing in this section shall prevent the

sentencing court from imposing a sentence greater than that

provided in this section. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided in this section. Disposition

under section 17 or 18 of The Controlled Substance, Drug, Device

and Cosmetic Act shall not be available to a defendant to which

this section applies.

(d) Appeal by Commonwealth.--[If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the fact-

finder has found any enhancing element and a sentencing court

imposes a sentence below the mandatory minimum sentence, the

Commonwealth shall have the right to appellate review of the

sentence. If the appellate court finds that the mandatory

sentencing provision was applicable, the court shall vacate the

sentence and remand the case for resentencing in accordance with

that provision.

§ 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:

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

(14), (30) or (37) of the act of April 14, 1972 (P.L.233,

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

Cosmetic Act, where the controlled substance is marijuana

shall, upon conviction, be sentenced to a mandatory minimum

term of imprisonment and a fine as set forth in this

subsection:

(i) when the amount of marijuana involved is at

least two pounds, but less than ten pounds, or at least

ten live plants but less than 21 live plants[; 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], and if at

the time of sentencing the defendant has been convicted

of another drug trafficking offense: [two years] one year

in prison and a fine of $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 amount of marijuana involved is at

least ten pounds, but less than 50 pounds, or at least 21

live plants but less than 51 live plants; [three years]

one year 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: [four] two

years in prison and a fine of $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 amount of marijuana involved is at

least 50 pounds, or at least 51 live plants; [five] three

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

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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 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.

(2) 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 classified in Schedule I or Schedule II

under section 4 of that act and is a narcotic drug 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; 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: 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

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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 containing the substance involved is at least 100

grams; 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.

(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] 5.0 grams and less than [ten] 25 grams; one year in

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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] two 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] 25 grams and less than 100 grams; [three] two 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] four 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 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]

eight 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.

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

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(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 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

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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 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

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.

[(5) A person who is convicted of violating section

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

Device and Cosmetic Act, and who, in the course of the

offense, manufactures, delivers, brings into this

Commonwealth or possesses with intent to manufacture or

deliver amphetamine or any salt, optical isomer, or salt of

an optical isomer, or a mixture containing any such

substances shall, when the aggregate weight of the compound

or mixture containing the substance involved is at least five

grams, be sentenced to two and one-half 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: be sentenced to 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.

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(6) 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

methaqualone 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 50

tablets, capsules, caplets or other dosage units, or 25

grams and less than 200 tablets, capsules, caplets or

other dosage units, or 100 grams; one year in prison and

a fine of $2,500 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

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

the assets utilized in and the proceeds from the illegal

activity; and

(ii) when the aggregate weight of the compound or

mixture containing the substance involved is at least 200

tablets, capsules, caplets or other dosage units, or more

than 100 grams; two and one-half 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.]

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(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 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 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

20170HB0741PN1262 - 15 -

mixture containing the heroin involved is 50 grams or

greater: a mandatory minimum term of 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: a mandatory minimum

term of 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.

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

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

and Cosmetic Act where the controlled substance or a mixture

containing it is 3,4-methylenedioxyamphetamine (MDA); 3,4-

methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4-

methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-

ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or

their salts, isomers and salts of isomers, whenever the

existence of such salts, isomers and salts of isomers is

possible within the specific chemical designation, shall,

upon conviction, be sentenced as set forth in this paragraph:

(i) When the aggregate weight of the compound or

mixture containing the substance involved is at least 50

tablets, capsules, caplets or other dosage units, or 15

grams and less than 100 tablets, capsules, caplets or

other dosage units, or less than 30 grams, the person is

guilty of a felony and, upon conviction thereof, shall be

sentenced to imprisonment not exceeding five years or to

pay a fine not exceeding $15,000, or both.

(ii) When the aggregate weight of the compound or

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mixture containing the substance involved is at least 100

tablets, capsules, caplets or other dosage units, or 30

grams and less than 1,000 tablets, capsules, caplets or

other dosage units, or less than 300 grams, the person is

guilty of a felony and, upon conviction thereof, shall be

sentenced to imprisonment not exceeding ten years or to

pay a fine not exceeding $100,000, or both.

(iii) When the aggregate weight of the compound or

mixture containing the substance involved is at least

1,000 tablets, capsules, caplets or other dosage units,

or 300 grams, the person is guilty of a felony and, upon

conviction thereof, shall be sentenced to imprisonment

not exceeding 15 years or to pay a fine not exceeding

$250,000, or both.

* * *

(b) [Proof of sentencing.--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.]

Application of mandatory minimum penalty.--With the exception of

prior convictions, any provision of this section that requires

imposition of a mandatory minimum sentence shall constitute an

element enhancing the underlying offense. Any enhancing element

20170HB0741PN1262 - 17 -

must be proven beyond a reasonable doubt at trial on the

underlying offense and must be submitted to the fact-finder for

deliberation together with the underlying offense. If the fact-

finder finds the defendant guilty of the underlying offense, the

fact-finder shall then also decide whether any enhancing element

has been proven.

* * *

(d) [Appellate review.--If a sentencing court refuses to

apply this section where applicable, the Commonwealth shall have

the right to appellate review of the action of the sentencing

court. The appellate court shall vacate the sentence and remand

the case to the sentencing court for imposition of a sentence in

accordance with this section if it finds that the sentence was

imposed in violation of this section.] Appeal by the

Commonwealth.--If the fact-finder has found any enhancing

element and a sentencing court imposes a sentence below the

mandatory minimum sentence, the Commonwealth shall have the

right to appellate review of the sentence. If the appellate

court finds that the mandatory sentencing provision was

applicable, the court shall vacate the sentence and remand the

case for resentencing in accordance with that provision.

* * *

Section 2. Sections 9712(b) and (d), 9712.1(c) and (e) and

9713(c) and (e) of Title 42 are amended to read:

§ 9712. Sentences for offenses committed with firearms.

* * *

(b) [Proof at sentencing.--Provisions of this section shall

not be an element of the crime and notice thereof to the

defendant shall not be required prior to conviction, but

reasonable notice of the Commonwealth's intention to proceed

20170HB0741PN1262 - 18 -

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 any evidence

presented at trial and shall afford the Commonwealth and the

defendant an opportunity to present any necessary additional

evidence and shall determine, by a preponderance of the

evidence, if this section is applicable.] Application of

mandatory minimum penalty.--Any provision of this section that

requires imposition of a mandatory minimum sentence shall

constitute an element enhancing the underlying offense. Any

enhancing element must be proven beyond a reasonable doubt at

trial on the underlying offense and must be submitted to the

fact-finder for deliberation together with the underlying

offense. If the fact-finder finds the defendant guilty of the

underlying offense, the fact-finder shall then also decide

whether any enhancing element has been proven.

* * *

(d) Appeal by Commonwealth.--[If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the fact-

finder has found any enhancing element and a sentencing court

imposes a sentence below the mandatory minimum sentence, the

Commonwealth shall have the right to appellate review of the

sentence. If the appellate court finds that the mandatory

sentencing provision was applicable, the court shall vacate the

sentence and remand the case for resentencing in accordance with

20170HB0741PN1262 - 19 -

that provision.

* * *

§ 9712.1. Sentences for certain drug offenses committed with

firearms.

* * *

not be an element of the crime, and notice thereof 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 any evidence

presented at trial and shall afford the Commonwealth and the

defendant an opportunity to present any necessary additional

evidence and shall determine, by a preponderance of the

evidence, if this section is applicable.] Application of

mandatory minimum penalty.--Any provision of this section that

requires imposition of a mandatory minimum sentence shall

constitute an element enhancing the underlying offense. Any

enhancing element must be proven beyond a reasonable doubt at

trial on the underlying offense and must be submitted to the

fact-finder for deliberation together with the underlying

offense. If the fact-finder finds the defendant guilty of the

underlying offense, the fact-finder shall then also decide

whether any enhancing element has been proven.

* * *

(e) Appeal by Commonwealth.--[If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

20170HB0741PN1262 - 20 -

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the fact-

finder has found any enhancing element and a sentencing court

imposes a sentence below the mandatory minimum sentence, the

Commonwealth shall have the right to appellate review of the

sentence. If the appellate court finds that the mandatory

sentencing provision was applicable, the court shall vacate the

sentence and remand the case for resentencing in accordance with

that provision.

* * *

§ 9713. Sentences for offenses committed on public

transportation.

* * *

not be an element of the crime and notice thereof 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 any evidence

presented at trial and shall afford the Commonwealth and the

defendant an opportunity to present any necessary additional

evidence and shall determine, by a preponderance of the

evidence, if this section is applicable.] Application of

mandatory minimum penalty.--Any provision of this section that

requires imposition of a mandatory minimum sentence constitutes

an element enhancing the underlying offense. An enhancing

element must be proven beyond a reasonable doubt at trial on the

underlying offense and must be submitted to the fact-finder for

20170HB0741PN1262 - 21 -

deliberation together with the underlying offense. If the fact-

finder determines the defendant is guilty of the underlying

offense, the fact-finder shall then decide whether an enhancing

element has been proven.

* * *

(e) Appeal by Commonwealth.--[If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the fact-

finder has found an enhancing element and a sentencing court

imposes a sentence below the mandatory minimum sentence, the

Commonwealth has the right to appellate review of the sentence.

If the appellate court finds that the mandatory sentencing

provision was applicable, the court must vacate the sentence and

remand the case for resentencing in accordance with that

provision.

Section 3. Section 9717 of Title 42 is amended by adding

subsections to read:

§ 9717. Sentences for offenses against elderly persons.

* * *

of this section that requires imposition of a mandatory minimum

sentence shall constitute an element enhancing the underlying

offense. An enhancing element must be proven beyond a reasonable

doubt at trial on the underlying offense and must be submitted

to the fact-finder for deliberation together with the underlying

offense. If the fact-finder determines the defendant is guilty

20170HB0741PN1262 - 22 -

of the underlying offense, the fact-finder shall then decide

whether an enhancing element has been proven.

(d) Appeal by Commonwealth.--If the fact-finder has found an

enhancing element and a sentencing court imposes a sentence

below the mandatory minimum sentence, the Commonwealth has the

right to appellate review of the sentence. If the appellate

court finds that the mandatory sentencing provision was

applicable, the court must vacate the sentence and remand the

case for resentencing in accordance with that provision.

Section 4. Sections 9718(c) and (e), 9718.4 and 9719(b)

9719(A), (B) and (d) of Title 42 are amended to read:

§ 9718. Sentences for offenses against infant persons.

* * *

shall not be an element of the crime, and notice of the

provisions 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 any evidence presented at trial and

shall afford the Commonwealth and the defendant an opportunity

to present any necessary additional evidence and shall

determine, by a preponderance of the evidence, if this section

is applicable.] Application of mandatory minimum penalty.--Any

provision of this section that requires imposition of a

mandatory minimum sentence constitutes an element enhancing the

underlying offense. An enhancing element must be proven beyond a

reasonable doubt at trial on the underlying offense and must be

submitted to the fact-finder for deliberation together with the

20170HB0741PN1262 - 23 -

<--

underlying offense. If the fact-finder determines the defendant

is guilty of the underlying offense, the fact-finder shall then

decide whether an enhancing element has been proven.

* * *

(e) Appeal by Commonwealth.--[If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the

fact-finder has found an enhancing element and a sentencing

court imposes a sentence below the mandatory minimum sentence,

the Commonwealth has the right to appellate review of the

sentence. If the appellate court finds that the mandatory

sentencing provision was applicable, the court must vacate the

sentence and remand the case for resentencing in accordance with

that provision.

§ 9718.4. Sentence for failure to comply with registration of

sexual offenders.

(a) Mandatory sentence.--Mandatory sentencing shall be as

follows:

(1) Sentencing upon conviction for a first offense shall

be as follows:

(i) Not less than two years for an individual who:

(A) is subject to section 9799.13 (relating to

applicability) and must register for a period of 15

years under section 9799.15 (relating to period of

registration) or a similar provision from another

jurisdiction; and

20170HB0741PN1262 - 24 -

(B) violated 18 Pa.C.S. § 4915.1(a)(1) or (2)

(relating to failure to comply with registration

requirements).

(ii) Not less than three years for an individual

who:

(A) is subject to section 9799.13 and must

9799.15 or a similar provision from another

jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(3).

(iii) Not less than three years for an individual

who:

(A) is subject to section 9799.13 and must

section 9799.15 or a similar provision from another

jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(1) or (2).

(iv) Not less than five years for an individual who:

(A) is subject to section 9799.13 and must

section 9799.15 or a similar provision from another

jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(3).

(2) Sentencing upon conviction for a second or

subsequent offense shall be as follows:

(i) Not less than five years for an individual who:

(A) is subject to section 9799.13 and must

section 9799.15 or a similar provision from another

jurisdiction; and

20170HB0741PN1262 - 25 -

(B) violated 18 Pa.C.S. § 4915.1(a)(1) or (2).

(ii) Not less than seven years for an individual

who:

(A) is subject to section 9799.13 and must

section 9799.15 or a similar provision from another

jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(3).

(a.1) Transients and mandatory sentence.--Mandatory

sentencing shall be as follows:

(1) Sentencing upon conviction for a first offense shall

be as follows:

(i) Not less than two years for an individual who:

(A) is subject to section 9799.13 and must

9799.15 or a similar provision from another

jurisdiction [and is a transient]; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(ii) Not less than three years for an individual

who:

(A) is subject to section 9799.13 and must

9799.15 or a similar provision from another

jurisdiction [and is transient]; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(3).

(iii) Not less than three years for an individual

who:

(A) is subject to section 9799.13 and must

section 9799.15 or a similar provision from another

20170HB0741PN1262 - 26 -

jurisdiction [and is transient]; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(iv) Not less than five years for an individual who:

(A) is subject to section 9799.13 and must

section 9799.15 or a similar provision from another

jurisdiction [and is a transient]; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(3).

(2) Sentencing upon conviction for a second or

subsequent offense shall be as follows:

(i) Not less than five years for an individual who:

(A) is subject to section 9799.13 and must

section 9799.15 or a similar provision from another

jurisdiction [and is transient]; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(ii) Not less than seven years for an individual

who:

(A) is subject to section 9799.13 and must

section 9799.15 or a similar provision from another

jurisdiction [and is a transient]; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(3).

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

shall not be an element of the crime, and notice thereof 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 any evidence

20170HB0741PN1262 - 27 -

presented at trial and shall afford the Commonwealth and the

defendant an opportunity to present any necessary additional

evidence and shall determine by a preponderance of the evidence

if this section is applicable.]

(b.1) Application of mandatory minimum penalty.--Any

provision of this section that requires imposition of a

mandatory minimum sentence shall constitute an element enhancing

the underlying offense. Any enhancing element must be proven

beyond a reasonable doubt at trial on the underlying offense and

must be submitted to the fact-finder for deliberation together

with the underlying offense. If the fact-finder finds the

defendant guilty of the underlying offense, the fact-finder

shall then also decide whether any enhancing element has been

proven.

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsection (a) or (a.1) or to place such offender on probation

or to suspend sentence. Nothing in this section shall prevent

the sentencing court from imposing a sentence greater than that

provided in this section. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided in this section.

(d) Appeal by Commonwealth.--[If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the fact-

20170HB0741PN1262 - 28 -

finder has found any enhancing element and a sentencing court

imposes a sentence below the mandatory minimum sentence, the

Commonwealth shall have the right to appellate review of the

sentence. If the appellate court finds that the mandatory

sentencing provision was applicable, the court shall vacate the

sentence and remand the case for resentencing in accordance with

that provision.

§ 9719. Sentences for offenses committed while impersonating a

law enforcement officer.

* * *

(A) MANDATORY SENTENCE.--A PERSON CONVICTED OF MURDER OF THE

THIRD DEGREE, VOLUNTARY MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE

SEXUAL INTERCOURSE, AGGRAVATED ASSAULT AS DEFINED IN 18 PA.C.S.

§ 2702(A)(1) (RELATING TO AGGRAVATED ASSAULT), ROBBERY AS

DEFINED IN 18 PA.C.S. § 3701(A)(1)(I), (II) OR (III) (RELATING

TO ROBBERY) OR KIDNAPPING OR WHO IS CONVICTED OF ATTEMPT TO

COMMIT ANY OF THESE CRIMES SHALL, IF THE PERSON WAS

IMPERSONATING A LAW ENFORCEMENT OFFICER DURING THE COMMISSION OF

THE OFFENSE, BE SENTENCED TO A MINIMUM SENTENCE OF AT LEAST

[THREE] FOUR YEARS OF TOTAL CONFINEMENT NOTWITHSTANDING ANY

OTHER PROVISION OF THIS TITLE OR OTHER STATUTE TO THE CONTRARY.

(b) [Proof at sentencing.--Provisions of this section shall

not be an element of the crime and notice thereof 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 sentencing court shall consider

evidence presented at trial and shall afford the Commonwealth

and the defendant an opportunity to present necessary additional

20170HB0741PN1262 - 29 -

<--

evidence and shall determine, by a preponderance of the

evidence, if this section is applicable.] Application of

mandatory minimum penalty.--With the exception of prior

convictions, any provision of this section that requires

imposition of a mandatory minimum sentence constitutes an

element enhancing the underlying offense. An enhancing element

must be proven beyond a reasonable doubt at trial on the

underlying offense and must be submitted to the fact-finder for

deliberation together with the underlying offense. If the fact-

finder determines the defendant is guilty of the underlying

offense, the fact-finder will then decide whether an enhancing

element has been proven.

* * *

(d) Appeal by Commonwealth.--[If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.] If the fact-

finder has found an enhancing element and a sentencing court

imposes a sentence below the mandatory minimum sentence, the

Commonwealth has the right to appellate review of the sentence.

If the appellate court finds that the mandatory sentencing

provision was applicable, the court must vacate the sentence and

remand the case for resentencing in accordance with that

provision.

* * *

Section 5. This act shall take effect in 60 days.

20170HB0741PN1262 - 30 -