THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PYLE, ADOLPH, AUMENT, BAKER, BEAR, BLOOM, BOBACK, BOYD, BROOKS, R. BROWN, CAUSER, CHRISTIANA, CLYMER, CUTLER, DAY, DENLINGER, DiGIROLAMO, DUNBAR, ELLIS, EMRICK, EVANKOVICH, J. EVANS, FABRIZIO, FARRY, FLECK, GABLER, GEIST, GERGELY, GILLESPIE, GINGRICH, GROVE, HAHN, HARHART, HARRIS, HEFFLEY, HESS, HICKERNELL, HUTCHINSON, KAMPF, KAUFFMAN, F. KELLER, M. K. KELLER, KILLION, KNOWLES, KRIEGER, LAWRENCE, MAJOR, MARSHALL, MARSICO, METCALFE, MICCARELLI, MILLARD, MILLER, MILNE, MOUL, MURPHY, MURT, OBERLANDER, O'NEILL, PAYNE, PEIFER, PERRY, PICKETT, QUIGLEY, QUINN, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, ROSS, SACCONE, SAYLOR, CULVER, SCHRODER, K. SMITH, SONNEY, STEPHENS, STERN, STEVENSON, SWANGER, TALLMAN, TOBASH, TOOHIL, TURZAI, VEREB, VULAKOVICH AND CALTAGIRONE, APRIL 5, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 1, 2012   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for sentencing

enhancement for trafficking drugs in the presence of a minor.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 9720.3.  Sentencing enhancement for trafficking drugs in the

presence of a minor.

The Pennsylvania Commission on Sentencing, under section 2154

(relating to adoption of guidelines for sentencing), shall

provide for a sentencing enhancement if a person over 18 years

of age 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, and all of the following conditions

apply:

(1)  The violation was committed in the presence of a

minor or in any residence in which a minor is present.

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(2)  The person convicted is the minor's parent, guardian

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or a person standing in loco parentis to the minor 

stepparent, guardian, an individual responsible for the

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child's welfare or an individual involved in an intimate

relationship with the child's parent.

Section 2.  This act shall take effect in 60 days.