SENATE AMENDED
PRIOR PRINTER'S NO. 215 PRINTER'S NO. 4313
No. 228 Session of 2001
INTRODUCED BY ROEBUCK, CORRIGAN, GRUCELA, HARHAI, READSHAW,
SHANER, SOLOBAY, STURLA, WALKO, C. WILLIAMS AND LAUGHLIN,
JANUARY 25, 2001
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
SEPTEMBER 24, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for penalties for <--
3 trafficking drugs to minors.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6314(a) and (b)(3) of Title 18 of the <--
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 6314. Sentencing and penalties for trafficking drugs to
9 minors.
10 (a) General rule.--A person [over] 18 years of age or older
11 who is convicted in any court of this Commonwealth of a
12 violation of section 13(a)(14) or (30) of the act of April 14,
13 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
14 Device and Cosmetic Act, shall, if the delivery or possession
15 with intent to deliver of the controlled substance was to a
16 minor, be sentenced to a minimum sentence of at least one year
17 total confinement, notwithstanding any other provision of this
1 title or other statute to the contrary.
2 (b) Additional penalties.--In addition to the mandatory
3 minimum sentence set forth in subsection (a), the person shall
4 be sentenced to an additional minimum sentence of at least two
5 years total confinement, notwithstanding any other provision of
6 this title or other statute to the contrary, if the person did
7 any of the following:
8 * * *
9 (3) Committed the offense within 1,000 feet of the real
10 property on which is located a public, private or parochial
11 school or a college or university, playground or community
12 recreational center.
13 * * *
14 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
15 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
16 § 7331. TRAFFICKING DRUGS TO MINORS.
17 (A) OFFENSE DEFINED.--A PERSON 18 YEARS OF AGE OR OLDER WHO
18 IS CONVICTED IN ANY COURT OF THIS COMMONWEALTH OF A VIOLATION OF
19 SECTION 13(A)(14) OR (30) OF THE ACT OF APRIL 14, 1972 (P.L.233,
20 NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
21 COSMETIC ACT, COMMITS AN OFFENSE IN ADDITION TO THE VIOLATION OF
22 SECTION 13(A)(14) OR (30) IF THE DELIVERY OR POSSESSION WITH
23 INTENT TO DELIVER WAS TO A MINOR AND WAS COMMITTED WITHIN 1,000
24 FEET OF THE REAL PROPERTY ON WHICH IS LOCATED A PUBLIC, PRIVATE
25 OR PAROCHIAL SCHOOL, A COLLEGE OR UNIVERSITY, A PLAYGROUND OR A
26 COMMUNITY RECREATIONAL CENTER. FOR THE PURPOSES OF THIS
27 SUBSECTION, A COMMUNITY RECREATIONAL CENTER IS A MULTIPURPOSE
28 PUBLIC BUILDING USED FOR THE PRIMARY PURPOSE OF ATTRACTING A
29 CAPTIVE GROUP OF CHILDREN UNDER THE AGE OF 18 FOR LEISURE
30 ACTIVITIES THAT INCLUDE, BUT ARE NOT LIMITED TO, MORAL
20010H0228B4313 - 2 -
1 DEVELOPMENT, PHYSICAL, EDUCATIONAL AND VOCATIONAL COUNSELING AND
2 COMMUNITY-BASED SERVICES.
3 (B) GRADING.--THE OFFENSE DEFINED IN SUBSECTION (A) IS A
4 FELONY OF THE SECOND DEGREE.
5 Section 2. This act shall take effect in 60 days.
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