PRINTER'S NO. 2479
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2134
Session of
2021
INTRODUCED BY BOBACK, McNEILL, RYAN, ROTHMAN, MILLARD, SMITH,
PICKETT, LEWIS DELROSSO, R. MACKENZIE, HOWARD, DeLUCA, MOUL
AND GILLEN, DECEMBER 7, 2021
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 7, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, providing for
sentencing enhancement for delivering controlled substance
containing fentanyl.
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:
§ 7508.3. Sentencing enhancement for delivering controlled
substance containing fentanyl.
The Pennsylvania Commission on Sentencing, in accordance with
42 Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentence enhancement within its
guidelines for a violation of section 13(a)(30) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, in addition to any
minimum term of imprisonment authorized or established by law
for the violation, if the defendant knowingly or intentionally
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delivered a controlled substance containing any trace of
fentanyl or any analog of fentanyl to an individual without
first informing the individual that the controlled substance
contained fentanyl or any analog of fentanyl.
Section 2. The addition of 18 Pa.C.S. § 7508.3 shall apply
to violations committed on or after the effective date of this
section.
Section 3. This act shall take effect in 60 days.
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