PRINTER'S NO. 1316
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1030
Session of
2024
INTRODUCED BY VOGEL, LANGERHOLC, PENNYCUICK, BROWN, GEBHARD,
LAUGHLIN, HUTCHINSON, DUSH, FARRY, CULVER AND MASTRIANO,
JANUARY 8, 2024
REFERRED TO JUDICIARY, JANUARY 8, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, providing for the offense
of trafficking drugs containing fentanyl to minors; and
imposing a penalty.
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:
ยง 6314.1. Trafficking drugs containing fentanyl to minors.
(a) General rule.--Notwithstanding section 6314 (relating to
sentencing and penalties for trafficking drugs to minors), a
person over 18 years of age commits a felony of the 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 that controlled substance contains fentanyl or
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fentanyl analogues and the recipient of the controlled substance
is a minor.
(b) Penalty.--A person convicted under subsection (a) shall
be sentenced to a term of imprisonment fixed by the court at not
less than 20 years and not more than 40 years.
(c) Authority of court in sentencing.--There shall be no
authority for a court to impose on a defendant to which this
section is applicable a lesser sentence than provided for in
subsection (b), to place the defendant on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(d) Appeal by Commonwealth.--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.
(e) Forfeiture.--Assets against which a petition seeking
forfeiture has been filed and is pending or against which the
Commonwealth has indicated an intention to file a petition
seeking forfeiture shall not be subject to a fine under this
section.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Minor." An individual under 18 years of age.
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Section 2. This act shall take effect in 60 days.
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