PRINTER'S NO. 2988
No. 2340 Session of 1996
INTRODUCED BY DENT, McGEEHAN, GORDNER, STABACK, HERMAN, BELARDI, ARMSTRONG, GEIST, M. N. WRIGHT, McGILL, BARLEY, FEESE, WALKO, MAITLAND, TRUE, EGOLF, NAILOR, FARGO, PLATTS, BOSCOLA, MARKOSEK, CLARK, HALUSKA, MELIO, DiGIROLAMO, FAIRCHILD, RUDY, STURLA, STISH, CORRIGAN, SCHRODER, TRELLO, WOGAN, PISTELLA, ZUG, RUBLEY, WASHINGTON, FAJT, PETRARCA, KENNEY, DALEY, RAMOS, PETTIT, E. Z. TAYLOR, BARD, BROWNE, SAYLOR, DeLUCA, ROONEY, HORSEY, ADOLPH, MARSICO AND SERAFINI, JANUARY 30, 1996
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 1996
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, providing for drug-free school zones. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Title 18 of the Pennsylvania Consolidated 6 Statutes is amended by adding a section to read: 7 § 6315. Drug-free school zones. 8 (a) General rule.--A person 18 years of age or older who is 9 convicted in any court of this Commonwealth of a violation of 10 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, 11 No.64), known as The Controlled Substance, Drug, Device and 12 Cosmetic Act, shall, if the delivery or possession with intent 13 to deliver of the controlled substance occurred within 1,000 14 feet of the real property on which is located a public, private
1 or parochial school or a college or university; within 250 feet 2 of the real property on which is located a recreation center or 3 playground; or on a school bus, be sentenced to a minimum 4 sentence of at least two years of total confinement, 5 notwithstanding any other provision of this title, The 6 Controlled Substance, Drug, Device and Cosmetic Act or other 7 statute to the contrary. The maximum term of imprisonment shall 8 be four years for any offense: 9 (1) subject to this section; and 10 (2) for which The Controlled Substance, Drug, Device and 11 Cosmetic Act provides for a maximum term of imprisonment of 12 less than four years. 13 If the sentencing court finds that the delivery or possession 14 with intent to deliver was to an individual under 18 years of 15 age, then this section shall not be applicable and the offense 16 shall be subject to section 6314 (relating to sentencing and 17 penalties for trafficking drugs to minors). 18 (b) Proof at sentencing.--The provisions of this section 19 shall not be an element of the crime. Notice of the 20 applicability of this section to the defendant shall not be 21 required prior to conviction, but reasonable notice of the 22 Commonwealth's intention to proceed under this section shall be 23 provided after conviction and before sentencing. The 24 applicability of this section shall be determined at sentencing. 25 The court shall consider evidence presented at trial, shall 26 afford the Commonwealth and the defendant an opportunity to 27 present necessary additional evidence and shall determine, by a 28 preponderance of the evidence, if this section is applicable. 29 (c) Authority of court in sentencing.--There shall be no 30 authority for a court to impose on a defendant to which this 19960H2340B2988 - 2 -
1 section is applicable a lesser sentence than provided for in 2 subsection (a), to place the defendant on probation or to 3 suspend sentence. Nothing in this section shall prevent the 4 sentencing court from imposing a sentence greater than that 5 provided in this section. Sentencing guidelines promulgated by 6 the Pennsylvania Commission on Sentencing shall not supersede 7 the mandatory sentences provided in this section. Disposition 8 under section 17 or 18 of The Controlled Substance, Drug, Device 9 and Cosmetic Act shall not be available to a defendant to which 10 this section applies. 11 (d) Appeal by Commonwealth.--If a sentencing court refuses 12 to apply this section where applicable, the Commonwealth shall 13 have the right to appellate review of the action of the 14 sentencing court. The appellate court shall vacate the sentence 15 and remand the case to the sentencing court for imposition of a 16 sentence in accordance with this section if it finds that the 17 sentence was imposed in violation of this section. 18 Section 2. This act shall apply to all offenses occurring on 19 or after the effective date of this act. 20 Section 3. This act shall take effect in 60 days. A5L18DGS/19960H2340B2988 - 3 -