PRINTER'S NO. 2658
No. 2067 Session of 1999
INTRODUCED BY BROWNE, ADOLPH, ARGALL, BAKER, BELARDI,
BENNINGHOFF, BISHOP, CHADWICK, CORRIGAN, DALLY, DeLUCA,
DeWEESE, FARGO, FRANKEL, FREEMAN, GEIST, GRUCELA, HARHAI,
HARHART, HENNESSEY, HERSHEY, KIRKLAND, LEDERER, MANN, McGILL,
MELIO, PETRARCA, PIPPY, PISTELLA, PLATTS, RAMOS, RAYMOND,
ROONEY, RUBLEY, SAINATO, SATHER, SEYFERT, SHANER, B. SMITH,
STABACK, STURLA, E. Z. TAYLOR, TIGUE, TRAVAGLIO, TRELLO,
WALKO, WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD, YUDICHAK AND
ZUG, NOVEMBER 15, 1999
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 15, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for drug-free zones.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 6317 heading and (a) of Title 18 of the
6 Pennsylvania Consolidated Statutes are amended and the section
7 is amended by adding subsections to read:
8 § 6317. Drug-free [school] zones.
9 (a) General rule.--A person 18 years of age or older who is
10 convicted in any court of this Commonwealth of a violation of
11 section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233,
12 No.64), known as The Controlled Substance, Drug, Device and
13 Cosmetic Act, shall, if the delivery or possession with intent
14 to deliver of the controlled substance occurred within 1,000
1 feet of the real property on which is located a public, private
2 or parochial school [or a], college [or], university or Head
3 Start facility or within 250 feet of the real property on which
4 is located a recreation center or playground or on a school bus,
5 be sentenced to a minimum sentence of at least two years of
6 total confinement, notwithstanding any other provision of this
7 title, The Controlled Substance, Drug, Device and Cosmetic Act
8 or other statute to the contrary. The maximum term of
9 imprisonment shall be four years for any offense:
10 (1) subject to this section; and
11 (2) for which The Controlled Substance, Drug, Device and
12 Cosmetic Act provides for a maximum term of imprisonment of
13 less than four years.
14 If the sentencing court finds that the delivery or possession
15 with intent to deliver was to an individual under 18 years of
16 age, then this section shall not be applicable and the offense
17 shall be subject to section 6314 (relating to sentencing and
18 penalties for trafficking drugs to minors).
19 * * *
20 (e) Notice requirement.--A Head Start facility shall post
21 conspicuously on the premises a notice stating that the premises
22 is a Head Start facility and a drug-free zone.
23 (f) Definitions.--As used in this section, the following
24 words and phrases shall have the meanings given to them in this
25 subsection:
26 "Head Start facility." A facility operated pursuant to the
27 Head Start Act (Public Law 97-35, 42 U.S.C. § 9831 et seq.) and
28 the Head Start Transition Project Act (Public Law 101-501, 42
29 U.S.C. § 9855 et seq.).
30 Section 2. This act shall take effect in 60 days.
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