PRINTER'S NO. 560
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
541
Session of
2021
INTRODUCED BY REGAN, PHILLIPS-HILL, MARTIN, HUTCHINSON,
LANGERHOLC, SCAVELLO, MENSCH, J. WARD, ARGALL, YAW, STEFANO,
BROOKS AND TARTAGLIONE, APRIL 9, 2021
REFERRED TO JUDICIARY, APRIL 9, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, further providing
for drug trafficking sentencing and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7508(b) and (d) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and subsection
(a) is amended by adding a paragraph 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:
* * *
(9) 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 the controlled substance is fentanyl or a fentanyl
derivative, compound or analogue as set forth in section 4(1)
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(ii)(23) or (2)(ii)(6) of The Controlled Substance, Drug,
Device and Cosmetic Act shall, upon conviction, be sentenced
to a mandatory minimum term of imprisonment and a fine as set
forth in this paragraph:
(i) when the aggregate weight of the compound or
mixture containing the fentanyl or fentanyl derivative,
compound or analogue involved is less than 1.0 gram; 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: 36 months
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 aggregate weight of the compound or
mixture containing the fentanyl or fentanyl derivative,
compound or analogue involved is at least 1.0 gram but
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: 48 months 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;
(iii) when the aggregate weight of the compound or
mixture containing the fentanyl or fentanyl derivative,
compound or analogue involved is at least ten grams but
less than 50 grams; 54 months in prison and a fine of
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$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: 66 months 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;
(iv) when the aggregate weight of the compound or
mixture containing the fentanyl or fentanyl derivative,
compound or analogue involved is at least 50 grams but
less than 100 grams; 78 months 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: 90 months 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;
or
(v) when the aggregate weight of the compound or
mixture containing the fentanyl or fentanyl derivative,
compound or analogue involved is at least 100 grams; 96
months 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: 108 months
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.
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* * *
(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
must be proven beyond a reasonable doubt at trial on the
underlying offense and must be submitted to the finder of fact
for deliberation together with the underlying offense. If the
finder of fact finds the defendant guilty of the underlying
offense, the finder of fact shall then also decide whether any
enhancing element has been proven.
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(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 Commonwealth.--
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If the finder of fact 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. This act shall take effect in 60 days.
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