H0741B0807A00663 PWK:CDM 04/03/17 #90 A00663
AMENDMENTS TO HOUSE BILL NO. 741
Sponsor: REPRESENTATIVE STEPHENS
Printer's No. 807
Amend Bill, page 2, line 4, by inserting a bracket before
"one"
Amend Bill, page 2, line 4, by inserting after "year"
] two years
Amend Bill, page 2, line 9, by inserting a bracket before
"two"
Amend Bill, page 2, line 10, by inserting after "years"
] one year
Amend Bill, page 4, lines 15 through 30; page 5, lines 1
through 8; by striking out all of said lines on said pages and
inserting
(a) General rule.--[A]
(1) Except as provided under paragraph (2), a person 18
years of age or older who is convicted in any court of this
Commonwealth of 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, shall,
if the delivery or possession with intent to deliver of the
controlled substance occurred within 1,000 feet of the real
property on which is located a public, private or parochial
school or a college or university or within 250 feet of the
real property on which is located a recreation center or
playground or on a school bus, be sentenced to a minimum
sentence of at least [two years] one year of total
confinement, notwithstanding any other provision of this
title, The Controlled Substance, Drug, Device and Cosmetic
Act or other statute to the contrary. The maximum term of
imprisonment shall be [four] two years for any offense:
[(1)] (i) subject to this section; and
[(2)] (ii) for which The Controlled Substance, Drug,
Device and Cosmetic Act provides for a maximum term of
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imprisonment of less than [four] two years.
(2) With respect to a college or university, the
provisions of paragraph (1) shall not apply to a violation if
the controlled substance is marihuana or hashish.
(3) If the sentencing court finds that the delivery or
possession with intent to deliver was to an individual under
18 years of age, then this section shall not be applicable
and the offense shall be subject to section 6314 (relating to
sentencing and penalties for trafficking drugs to minors).
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