A09937
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
928
Session of
2017
INTRODUCED BY JOZWIAK, COX, JAMES, SCHLOSSBERG, McNEILL,
SCHWEYER, IRVIN, REESE, O'BRIEN, J. HARRIS, MULLERY,
A. HARRIS, DeLUCA, D. COSTA, NEILSON, RYAN, RADER AND GILLEN,
MARCH 22, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 22, 2017
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
prohibited acts and penalties.
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
suspension of operating privilege.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13(g) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended to read:
Section 13. Prohibited Acts; Penalties.--* * *
(g) Any person who violates clause (31) of subsection (a)
[is guilty of a misdemeanor and upon conviction thereof shall be
sentenced to imprisonment not exceeding thirty days, or to pay a
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fine not exceeding five hundred dollars ($500), or both.]:
(1) For a first or second offense, commits a summary offense
and shall, upon conviction, pay a fine of not more than three
hundred dollars ($300).
(2) For a third or subsequent offense, commits a misdemeanor
of the third degree and shall, upon conviction, pay a fine of
not more than one thousand dollars ($1,000).
* * *
Section 13. Prohibited Acts; Penalties.--* * *
(g) [Any] The following shall apply:
(1) Except as provided under clause (2), a person who
violates clause (31) of subsection (a):
(i) For a first or second offense, is guilty of a summary
offense and upon conviction thereof shall only pay a fine not
exceeding three hundred dollars ($300).
(ii) For a third or subsequent offense, is guilty of a
misdemeanor of the third degree and upon conviction thereof
shall only pay a fine not exceeding one thousand dollars
($1,000).
(2) A person who violates clause (31) of subsection (a) as
follows is guilty of a misdemeanor and upon conviction thereof
shall be sentenced to imprisonment not exceeding thirty days, or
to pay a fine not exceeding five hundred dollars ($500), or
both[.]:
(i) who is under eighteen (18) years of age;
(ii) while in a motor vehicle; or
(iii) while in a building of, on the grounds of, or in a
conveyance providing transportation to or from an elementary or
secondary publicly funded educational institution, an elementary
or secondary private school licensed by the Department of
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Education or any elementary or secondary parochial school.
(3) The judicial authority with jurisdiction over the
violation by a person under eighteen (18) years of age shall
give first consideration to referring the person to a
diversionary program under 42 Pa.C.S. § 1520 (relating to
adjudication alternative program) and the Pennsylvania Rules of
Criminal Procedure. As part of the diversionary program, the
judicial authority with jurisdiction over the violation may
order the person to participate in an educational program. If
the person successfully completes the diversionary program, the
person's records of the charge of violating clause (2) shall be
expunged as provided for under Pa.R.C.P. No.320 (relating to
expungement upon successful completion of ARD program).
* * *
Section 2. Section 1532(c) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1532. Suspension of operating privilege.
* * *
(c) Suspension.--The department shall suspend the operating
privilege of any person upon receiving a certified record of the
person's conviction of any offense involving the possession,
sale, delivery, offering for sale, holding for sale or giving
away of any controlled substance under the laws of the United
States, this Commonwealth or any other state, or any person 21
years of age or younger upon receiving a certified record of the
person's conviction or adjudication of delinquency under 18
Pa.C.S. § 2706 (relating to terroristic threats) committed on
any school property, including any public school grounds, during
any school-sponsored activity or on any conveyance providing
transportation to a school entity or school-sponsored activity.
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(1) [The] Except as provided under paragraph (1.1) , the
period of suspension shall be as follows:
(i) For a first offense, a period of six months from
the date of the suspension.
(ii) For a second offense, a period of one year from
the date of the suspension.
(iii) For a third and any subsequent offense
thereafter, a period of two years from the date of the
suspension.
(1.1) For a third and any subsequent violation of
section 13(a)(31) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, a period of six months from the date of
suspension.
(2) For the purposes of this subsection, the term
"conviction" shall include any conviction or adjudication of
delinquency for any of the offenses listed in paragraph (1),
whether in this Commonwealth or any other Federal or state
court.
* * *
Section 3. This act shall take effect in 60 days.
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