PRIOR PRINTER'S NO. 1472 PRINTER'S NO. 2589
No. 1279 Session of 1989
INTRODUCED BY BISHOP, MOEHLMANN, CALTAGIRONE, ALLEN, ANGSTADT,
ARGALL, BELARDI, BILLOW, BIRMELIN, BLAUM, BOYES, BUSH,
CAWLEY, CESSAR, CHADWICK, D. F. CLARK, CLYMER, COLAIZZO,
CORNELL, COWELL, DAVIES, DeLUCA, DEMPSEY, DIETTERICK,
DISTLER, DOMBROWSKI, DORR, FARGO, FARMER, FEE, FOX, GEIST,
GIGLIOTTI, GODSHALL, GRUPPO, HAGARTY, HALUSKA, HAYDEN, HAYES,
HERMAN, HOWLETT, JACKSON, JADLOWIEC, JOHNSON, KASUNIC,
KENNEY, KOSINSKI, LaGROTTA, LEH, LLOYD, MAIALE, MARKOSEK,
MARSICO, MAYERNIK, McVERRY, MELIO, MERRY, MICOZZIE, MORRIS,
MRKONIC, NAHILL, NAILOR, OLASZ, PICCOLA, PITTS, PRESSMANN,
RAYMOND, RITTER, ROBBINS, ROBINSON, RYBAK, SAURMAN, SEMMEL,
SERAFINI, S. H. SMITH, D. W. SNYDER, STABACK, STEIGHNER,
STUBAN, TANGRETTI, E. Z. TAYLOR, THOMAS, TIGUE, TRELLO,
VAN HORNE, WAMBACH, WESTON, J. L. WRIGHT, YANDRISEVITS,
J. H. CLARK, PHILLIPS, G. SNYDER, LASHINGER, BURD, O'BRIEN,
LANGTRY, BATTISTO, F. TAYLOR, NOYE, BARLEY, STISH AND LINTON,
APRIL 24, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 11, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing FOR SENTENCING, for <--
3 mandatory minimum sentences for multiple sales of certain
4 controlled substances within a period of 90 days, for
5 determining quantities of controlled substances, and AND FOR <--
6 limiting certain plea bargains.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 7508(a) of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended by adding a paragraph and the
11 section is amended by adding a subsection SUBSECTIONS to read: <--
12 § 7508. Drug trafficking sentencing and penalties.
1 (a) General rule.--Notwithstanding any other provisions of
2 this or any other act to the contrary, the following provisions
3 shall apply:
4 * * *
5 (7) A person who is convicted of violating section
6 13(a)(14) or (30) of The Controlled Substance, Drug, Device
7 and Cosmetic Act by delivering, selling or distributing any
8 controlled substance or counterfeit controlled substance set
9 forth in paragraphs (1) through (6) to any other person or
10 persons on three separate occasions within a period of 90
11 days from the first delivery, sale or distribution shall,
12 upon conviction, be sentenced to a mandatory minimum term of
13 imprisonment and fine as set forth in this subsection
14 regardless of the total quantity of such substance on any
15 particular occasion or on the aggregate quantity involved in
16 all of the occasions within the 90-day period:
17 (i) Where the controlled substance is marijuana, one
18 year in prison and a fine of $5,000 or such larger amount
19 as is sufficient to exhaust the assets utilized in and
20 the proceeds from the illegal activity.
21 (ii) Where the controlled substance is classified in
22 Schedule I or Schedule II under section 4 of The
23 Controlled Substance, Drug, Device and Cosmetic Act and
24 is a narcotic drug, two years in prison and a fine of
25 $5,000 or such larger amount as is sufficient to exhaust
26 the assets utilized in and the proceeds from the illegal
27 activity.
28 (iii) Where the controlled substance is coca leaves
29 or is any salt, compound, derivative or preparation of
30 coca leaves or is any salt, compound, derivative or
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1 preparation which is chemically equivalent or identical
2 with any of these substances or any mixture containing
3 any of these substances except decocainized coca leaves
4 or extracts of coca leaves which extracts do not contain
5 cocaine or ecgonine, one year in prison and a fine of
6 $5,000 or such larger amount as is sufficient to exhaust
7 the assets utilized in and the proceeds from the illegal
8 activity.
9 (iv) Where the controlled substance is
10 methamphetamine or is a salt, isomer or salt of an isomer
11 of methamphetamine or is phencyclidine or is a mixture
12 containing methamphetamine, a salt of methamphetamine, an
13 isomer of methamphetamine, a salt of an isomer of
14 methamphetamine or phencyclidine, three FIVE years in <--
15 prison and a fine of $15,000 $25,000 or such larger <--
16 amount as is sufficient to exhaust the assets utilized in
17 and the proceeds from the illegal activity.
18 (v) Where the controlled substance is amphetamine or
19 any salt, optical isomer, or salt of an optical isomer,
20 or a mixture containing any such substances, two and one-
21 half years in prison and a fine of $15,000 or such larger
22 amount as is sufficient to exhaust the assets utilized in
23 and the proceeds from the illegal activity.
24 (vi) Where the controlled substance is methaqualone,
25 one year in prison and a fine of $2,500 or such larger
26 amount as is sufficient to exhaust the assets utilized in
27 and the proceeds from the illegal activity.
28 (vii) Where the controlled substances to which this
29 paragraph applies are set forth at different subsections
30 of this section, the mandatory minimum sentence to be
19890H1279B2589 - 3 -
1 applied pursuant to this paragraph shall be the sentence
2 that would be mandated for the substance requiring the
3 longest mandatory minimum sentence under this paragraph.
4 For purposes of this paragraph, each delivery, sale or
5 distribution to a person shall constitute a separate
6 occasion and each delivery, sale or distribution to or
7 for two or more persons at the same time shall constitute
8 a number of occasions equal to the number of persons to
9 or for whom deliveries, sales or distributions were made.
10 * * *
11 (C.1) PLACE OF CONFINEMENT.--NOTWITHSTANDING THE PROVISIONS <--
12 OF THIS TITLE OR ANY OTHER STATUTE TO THE CONTRARY, PERSONS
13 SENTENCED UNDER THE PROVISIONS OF THIS SECTION SHALL BE
14 COMMITTED TO THE DEPARTMENT OF CORRECTIONS FOR CONFINEMENT IN
15 STATE CORRECTIONAL FACILITIES.
16 * * *
17 (f) Determining quantities.--For purposes of this section,
18 if any mixture or compound contains any detectable amount of a
19 controlled substance, the entire amount of the mixture or
20 compound shall be deemed to be composed of the controlled
21 substance. If a mixture or compound contains a detectable amount
22 of more than one controlled substance, the mixture or compound
23 shall be deemed to be composed entirely of the controlled
24 substance which will result in the longest sentence. Where the
25 degree of the offense for violation of this section depends on
26 the quantity of the substance, the quantity involved shall be
27 determined by the trier of fact. The quantity involved in
28 individual acts of manufacturing, distributing, delivering,
29 dispensing or possessing with intent to deliver may be
30 aggregated in determining the grade of the offense, whether
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1 distribution, delivery or dispensing is to the same persons or
2 several persons, provided that each individual act of
3 distribution was committed within the applicable statute of
4 limitations.
5 SECTION 2. 42 PA.C.S. § 9762 (RELATING TO SENTENCING <--
6 PROCEEDING; PLACE OF CONFINEMENT) IS REPEALED INSOFAR AS IT IS
7 INCONSISTENT WITH THE PROVISIONS OF THIS ACT.
8 Section 2 3. This act shall take effect in 60 days. <--
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