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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 16, 2013 03:45 PM
From: Representative Jeffrey P. Pyle
To: All House members
Subject: Sentencing for Drug Trafficking in the Presence of Minors
 
In the near future, I plan to re-introduce legislation to amend Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes to further provide for sentencing in drug offenses.

This legislation was drafted last session in consultation with a local police department in my district and the county district attorney’s office. It is in response to a growing trend in the drug trade – parents, guardians and caregivers trafficking drugs in the presence of their children. One instance in particular that I know of involves a mother of three who was allegedly selling heroin and cocaine out of her home in front of her kids. Other times, my police officers tell me that care-givers will actually use their children as “mules” in their efforts to transport or conceal their drugs.

Under existing law, a person over 18 years of age who commits an offense under Section 13 (a)(14) or (30) of the Controlled Substance, Drug, Device and Cosmetic Act (i.e. selling, manufacturing, trafficking, etc.) would receive a one year minimum mandatory sentence if the delivery or possession with intent to deliver of the controlled substance was to a minor. And, if the adult commits the offense with intent to promote habitual use; engages the minor in the trafficking, transportation, delivery, manufacturing, sale or conveyance; commits the offense on school property; or on a school bus or within 500 feet of a school bus stop, the law provides for an additional two year minimum mandatory sentence.

My legislation would extend these same minimum mandatory sentences to adults who sell or possess with intent to deliver controlled substances in the presence of a child and the adult is the minor’s parent, guardian or is a person standing in loco parentis to the minor (e.g. day care provider or school teacher).

Thank you in advance for your consideration.

(Previous sponsors were: ADOLPH, AUMENT, BAKER, BEAR, BLOOM, BOBACK, BOYD, BROOKS, R. BROWN, CAUSER, CHRISTIANA, CLYMER, CUTLER, DAY, DENLINGER, DiGIROLAMO, DUNBAR, ELLIS, EMRICK, EVANKOVICH, J. EVANS, FABRIZIO, FARRY, FLECK, GABLER, GEIST, GERGELY, GILLESPIE, GINGRICH, GROVE, HAHN, HARHART, HARRIS, HEFFLEY, HESS, HICKERNELL, HUTCHINSON, KAMPF, KAUFFMAN, F. KELLER, M. K. KELLER, KILLION, KNOWLES, KRIEGER, LAWRENCE, MAJOR, MARSHALL, MARSICO, METCALFE, MICCARELLI, MILLARD, MILLER, MILNE, MOUL, MURPHY, MURT, OBERLANDER, O'NEILL, PAYNE, PEIFER, PERRY, PICKETT, QUIGLEY, QUINN, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, ROSS, SACCONE, SAYLOR, CULVER, SCHRODER, K. SMITH, SONNEY, STEPHENS, STERN, STEVENSON, SWANGER, TALLMAN, TOBASH, TOOHIL, TURZAI, VEREB, VULAKOVICH, CALTAGIRONE AND KORTZ)



Introduced as HB447