PRIOR PRINTER'S NO. 201
PRINTER'S NO. 977
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
235
Session of
2023
INTRODUCED BY MASTRIANO, LANGERHOLC, STEFANO, DUSH, VOGEL AND
ARGALL, JANUARY 31, 2023
SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 27, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal homicide, providing for
the offense of fentanyl delivery resulting in death. FURTHER
PROVIDING FOR THE OFFENSE OF DRUG DELIVERY RESULTING IN
DEATH; AND IMPOSING A PENALTY.
THIS ACT MAY BE REFERRED TO AS TYLER'S LAW.
THE GENERAL ASSEMBLY'S INTENT IS TO ASSIST IN PROSECUTING A
PERSON WHO SELLS OR OTHERWISE PROFITS FROM THE SALE OF UNLAWFUL
FENTANYL THAT CAUSES THE DEATH OF ANOTHER PERSON.
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:
§ 2506.1. Fentanyl delivery resulting in death.
(a) Legislative intent.--
(1) The General Assembly's intent of this section is to
assist in prosecuting a person who sells or otherwise profits
from the sale of unlawful fentanyl that causes the death of
another person.
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(2) This section may be referred to as "Tyler's Law."
(b) Offense defined.--A person commits a felony of the first
degree if the person intentionally sells or engages in a
monetary transaction to distribute fentanyl and the distribution
results in the death of another person due to the use of the
fentanyl.
(c) Mandatory minimum penalty.--A person convicted of a
violation of subsection (b) shall be sentenced to a minimum
sentence of at least 25 years of total confinement,
notwithstanding any other provision of this title or any other
statute to the contrary. In no case shall the sentence exceed a
maximum sentence of 50 years of total confinement.
(d) Drug overdose response immunity.--The immunity provided
for under section 13.7 of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, shall apply to this section.
(e) Construction.-- The provisions of this section shall not
be construed to limit, restrict or otherwise prohibit an
indictment or conviction for another crime that may be related
to a violation of this section.
SECTION 1. SECTION 2506(B) OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 2506. DRUG DELIVERY RESULTING IN DEATH.
* * *
(B) PENALTY.--
(1) A PERSON CONVICTED UNDER SUBSECTION (A) SHALL BE
SENTENCED TO A TERM OF IMPRISONMENT WHICH SHALL BE FIXED BY
THE COURT AT NOT MORE THAN 40 YEARS.
(1.1) A PERSON CONVICTED UNDER THIS SUBSECTION SHALL BE
SENTENCED TO A MINIMUM TERM OF AT LEAST 10 YEARS OF TOTAL
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CONFINEMENT AND A FINE OF $15,000, OR A LARGER AMOUNT AS IS
DETERMINED TO EXHAUST THE ASSETS UTILIZED IN AND PROCEEDS
FROM THE ILLEGAL ACTIVITY IF:
(I) PRIOR TO THE COMMISSION OF THE OFFENSE, THE
PERSON HAD TWO OR MORE PRIOR CONVICTIONS FOR 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; OR
(II) THE PERSON RECEIVED ANYTHING OF VALUE, DIRECTLY
OR INDIRECTLY, AS CONSIDERATION FOR DISPENSING,
DELIVERING, GIVING, PRESCRIBING, SELLING OR DISTRIBUTING
ANY CONTROLLED SUBSTANCE OR COUNTERFEIT CONTROLLED
SUBSTANCE.
(2) PARAGRAPH (1) SHALL NOT APPLY TO A PERSON CONVICTED
UNDER SECTION 2502(C) (RELATING TO MURDER) WHEN THE VICTIM IS
LESS THAN 13 YEARS OF AGE AND THE CONDUCT ARISES OUT OF THE
SAME CRIMINAL ACT.
* * *
Section 2. This act shall take effect in 60 days.
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