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PRIOR PRINTER'S NO. 56
PRINTER'S NO. 882
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
93
Session of
2019
INTRODUCED BY BARTOLOTTA, LANGERHOLC, FOLMER, BREWSTER, YAW,
MARTIN, STEFANO, MENSCH, J. WARD, COSTA, KILLION, K. WARD,
REGAN, LAUGHLIN, BROWNE AND VOGEL, JANUARY 23, 2019
SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 5, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in assault, providing for the offense of drug
delivery resulting in serious bodily injury; and, in
sentencing, providing for sentencing for drug delivery
resulting in serious bodily injury.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2719. Drug delivery resulting in serious bodily injury.
A person commits a felony of the third SECOND degree if the
person intentionally administers, dispenses, delivers, gives,
prescribes, sells or distributes any controlled substance or
counterfeit controlled substance in 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, and another person suffers serious bodily injury as defined
in section 2301 (relating to definitions) as a result of using
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the substance.
Section 2. Title 42 is amended by adding a section to read:
§ 9720.9. Sentencing for drug delivery resulting in serious
bodily injury.
The Pennsylvania Commission on Sentencing, in accordance with
section 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentence enhancement within its
guidelines for an offense under 18 Pa.C.S. § 2719 (relating to
drug delivery resulting in serious bodily injury). WHEN
DETERMINING THE GRAVITY OF THE OFFENSE, THE COMMISSION SHALL
CONSIDER WHETHER THE CONTROLLED SUBSTANCE OR COUNTERFEIT
CONTROLLED SUBSTANCE WAS ADMINISTERED, DISPENSED, DELIVERED,
GIVEN, PRESCRIBED, SOLD OR DISTRIBUTED IN EXCHANGE FOR ANY
DIRECT OR INDIRECT REMUNERATION OR CONSIDERATION.
Section 3. This act shall take effect in 60 days.
20190SB0093PN0882 - 2 -
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