PRIOR PRINTER'S NOS. 201, 977
PRINTER'S NO. 1130
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
235
Session of
2023
INTRODUCED BY MASTRIANO, LANGERHOLC, STEFANO, DUSH, VOGEL AND
ARGALL, JANUARY 31, 2023
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 2, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal homicide, 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. Section 2506(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 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 (A) shall
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be sentenced to a minimum term of at least 10 years of total
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 AND
(ii) the person received anything of MORE THAN DE
MINIMIS value, directly or indirectly, as consideration
for dispensing, delivering, giving, prescribing, selling
or distributing any controlled substance or counterfeit
controlled substance.
(2) [Paragraph] PARAGRAPHS (1) AND (1.1) 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.
(3) PARAGRAPH (1.1) SHALL NOT APPLY IF:
(I) THE PERSON AND THE DECEDENT INTENDED TO USE THE
CONTROLLED SUBSTANCE OR COUNTERFEIT CONTROLLED SUBSTANCE
TOGETHER; OR
(II) THE PERSON USED THE CONTROLLED SUBSTANCE OR
COUNTERFEIT CONTROLLED SUBSTANCE WITH THE DECEDENT .
* * *
Section 2. This act shall take effect in 60 days.
20230SB0235PN1130 - 2 -
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