1Amending Titles 5 (Athletics and Sports), 18 (Crimes and
2Offenses), 23 (Domestic Relations), 42 (Judiciary and
3Judicial Procedure), 61 (Prisons and Parole) and 75
4(Vehicles) of the Pennsylvania Consolidated Statutes,
5revising the law on criminalizing and sentencing for
6controlled substances; making editorial changes; and
7repealing certain provisions of the Controlled Substance,
8Drug, Device and Cosmetic Act.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 3304(c)(2) of Title 5 of the Pennsylvania
12Consolidated Statutes is amended to read:

13§ 3304. Denial of registration.

14* * *

15(c) Issuance of registration prohibited.--The commission
16shall not issue athlete agent registration to or renew the
17athlete agent registration of a person who has been convicted of
18any of the following offenses, or any comparable offense in
19another jurisdiction, within ten years of the date of
20application:

21* * *

1(2) An offense under the following provisions of 18 
2Pa.C.S. (relating to crimes and offenses):

3Section 902 (relating to criminal solicitation).

4Section 908 (relating to prohibited offensive
5weapons).

6Section 2502 (relating to murder).

7Section 2709(a)(4), (5), (6) or (7) (relating to
8harassment).

9Section 2709.1 (relating to stalking).

10Section 2901 (relating to kidnapping).

11Section 3121 (relating to rape).

12Section 3126 (relating to indecent assault).

13Section 3923 (relating to theft by extortion).

14Section 4109 (relating to rigging publicly exhibited
15contest).

16Section 4302 (relating to incest).

17Section 4304 (relating to endangering welfare of
18children).

19Section 4305 (relating to dealing in infant
20children).

21Section 4701 (relating to bribery in official and
22political matters).

23Section 4902 (relating to perjury).

24Section 5501 (relating to riot).

25Section 5512 (relating to lotteries, etc.).

26Section 5513 (relating to gambling devices, gambling,
27etc.).

28Section 5514 (relating to pool selling and
29bookmaking).

30Chapter 58 (relating to controlled substances).

1Section 5901 (relating to open lewdness).

2Section 5902 (relating to prostitution and related
3offenses).

4Section 5903 (relating to obscene and other sexual
5materials and performances).

6Section 5904 (relating to public exhibition of insane
7or deformed person).

8Section 6301 (relating to corruption of minors).

9Section 6312 (relating to sexual abuse of children).

10Section 7107 (relating to unlawful actions by athlete
11agents).

12* * *

13Section 2. Section 911(h)(1)(ii) of Title 18 is amended to
14read:

15§ 911. Corrupt organizations.

16* * *

17(h) Definitions.--As used in this section:

18(1) "Racketeering activity" means all of the following:

19* * *

20(ii) An offense indictable under [section 13 of the
21act of April 14, 1972 (P.L.233, No.64), known as The
22Controlled Substance, Drug, Device and Cosmetic Act]
23Chapter 58 (relating to [the sale and dispensing of
24narcotic drugs] controlled substances).

25* * *

26Section 3. Section 1110 of Title 18 is amended by adding a
27subsection to read:

28§ 1110. Restitution for cleanup of clandestine laboratories.

29* * *

30(a.1) In addition to restitution under this section, a

1person who is convicted of an offense involving the operation of
2a methamphetamine laboratory or the possession or use of a
3precursor or reagent substance to manufacture methamphetamine
4shall be ordered to reimburse the appropriate law enforcement
5agency, emergency medical services organization, fire company or
6other organization for the costs of cleaning up the
7environmental hazards associated with the operation of the
8laboratory or the possession or use of a precursor or reagent
9substance to manufacture methamphetamine.

10* * *

11Section 4. Sections 2506(a) and 5708(4) of Title 18 are
12amended to read:

13§ 2506. Drug delivery resulting in death.

14(a) Offense defined.--A person commits a felony of the first 
15degree if the person intentionally administers, dispenses,
16delivers, gives, prescribes, sells or distributes any controlled
17substance or counterfeit controlled substance in violation of
18[section 13(a)(14) or (30) of the act of April 14, 1972 
19(P.L.233, No.64), known as The Controlled Substance, Drug,
20Device and Cosmetic Act] Chapter 58 (relating to controlled 
21substances), and another person dies as a result of using the
22substance.

23* * *

24§ 5708. Order authorizing interception of wire, electronic or
25oral communications.

26The Attorney General, or, during the absence or incapacity of
27the Attorney General, a deputy attorney general designated in
28writing by the Attorney General, or the district attorney or,
29during the absence or incapacity of the district attorney, an
30assistant district attorney designated in writing by the

1district attorney of the county wherein the suspected criminal
2activity has been, is or is about to occur, may make written
3application to any Superior Court judge for an order authorizing
4the interception of a wire, electronic or oral communication by
5the investigative or law enforcement officers or agency having
6responsibility for an investigation involving suspected criminal
7activities when such interception may provide evidence of the
8commission of any of the following offenses, or may provide
9evidence aiding in the apprehension of the perpetrator or
10perpetrators of any of the following offenses:

11* * *

12(4) Any offense set forth under [section 13(a) of the
13act of April 14, 1972 (P.L.233, No.64), known as The
14Controlled Substance, Drug, Device and Cosmetic Act, not
15including the offense described in clause (31) of section
1613(a)] Chapter 58 (relating to controlled substances).

17* * *

18Section 5. Title 18 is amended by adding a chapter to read:

19CHAPTER 58

20CONTROLLED SUBSTANCES

21Sec.

225801. Definitions.

235802. Marijuana.

245803. Possession.

255804. Distribution.

265805. Drug trafficking.

275806. Manufacturing.

285807. Medical exceptions.

29§ 5801. Definitions.

30The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Controlled substance." A drug, a substance or an immediate
4precursor included in a schedule in section 4 of the act of
5April 14, 1972 (P.L.233, No.64), known as The Controlled
6Substance, Drug, Device and Cosmetic Act. The term includes:

7(1) a compound, mixture, isomer, salt or derivative,
8which contains the drug, substance or immediate precursor;
9and

10(2) a substance which:

11(i) is intended for human consumption; and

12(ii) has a chemical structure substantially similar
13to that of a controlled substance in Schedule I, II or
14III in section 4 of The Controlled Substance, Drug,
15Device and Cosmetic Act.

16"Counterfeit." As defined in section 2 of the act of April
1714, 1972 (P.L.233, No.64), known as The Controlled Substance,
18Drug, Device and Cosmetic Act.

19"Designer drug." As defined in section 2 of the act of April
2014, 1972 (P.L.233, No.64), known as The Controlled Substance,
21Drug, Device and Cosmetic Act.

22"Drug." As defined in section 2 of the act of April 14, 1972
23(P.L.233, No.64), known as The Controlled Substance, Drug,
24Device and Cosmetic Act.

25"Immediate precursor." As defined in section 2 of the act of
26April 14, 1972 (P.L.233, No.64), known as The Controlled
27Substance, Drug, Device and Cosmetic Act.

28"Paraphernalia." Equipment, products and materials which can
29be used in introducing into the human body a controlled
30substance.

1§ 5802. Marijuana.

2(a) Possession.--An individual may not possess a controlled
3substance which is marijuana in an amount up to:

4(1) 227.0 grams; or

5(2) ten live plants.

6(b) Paraphernalia.--An individual may not possess
7paraphernalia related to marijuana.

8(c) Distribution for consideration.--A person may not
9distribute marijuana in return for receipt of anything of value
10to:

11(1) except as set forth in paragraph (2), another
12person; or

13(2) an individual under 18 years of age.

14(d) Trafficking.--An individual may not possess a controlled
15substance which is marijuana in an amount in excess of:

16(1) 227.0 grams; or

17(2) ten live plants.

18(e) Gratis distribution.--A person may not distribute
19marijuana to an individual who is under 18 years of age, without
20charge or recompense.

21(f) Grading for possession.--

22(1) Except as set forth in paragraph (2), an individual
23who violates subsection (a) commits a summary offense and
24shall, upon conviction, be sentenced to pay a fine of $300.

25(2) An individual who, after being sentenced under
26paragraph (1), violates subsection (a) commits a summary
27offense and shall, upon conviction, be sentenced to pay a
28fine of $600 or to imprisonment for not more than three
29months, or both.

30(g) Grading for paraphernalia.--An individual who violates

1subsection (b) commits a summary offense and shall, upon
2conviction, be sentenced to pay a fine of $100.

3(h) Grading for distribution.--

4(1) Except as set forth in paragraph (3):

5(i) A person that violates subsection (c)(1) commits
6a misdemeanor of the third degree and shall, upon
7conviction, be sentenced to pay a fine of $500 or to
8imprisonment for not more than three months, or both.

9(ii) A person that violates subsection (c)(2)
10commits a misdemeanor of the first degree and shall, upon
11conviction, be sentenced to pay a fine of $2,000 or to
12imprisonment for not more than two years, or both.

13(2) Except as set forth in paragraph (3), a person that
14violates subsection (e) commits a summary offense and shall,
15upon conviction, be sentenced to pay a fine of $500 or to
16imprisonment for not more than three months, or both.

17(3) The following apply to recidivism:

18(i) A person that, after being sentenced under
19paragraph (1), violates subsection (c)(1) commits a
20misdemeanor of the second degree and shall, upon
21conviction, be sentenced to pay a fine of $1,000 or to
22imprisonment for not more than six months, or both.

23(ii) A person that, after being sentenced under
24paragraph (1), violates subsection (c)(2) commits a
25misdemeanor of the second degree and shall, upon
26conviction, be sentenced to pay a fine of $4,000 or to
27imprisonment for not more than four years, or both.

28(iii) A person that, after being sentenced under
29paragraph (2), violates subsection (e) commits a summary
30offense and shall, upon conviction, be sentenced to pay a

1fine of $1,000 or to imprisonment for not more than six
2months, or both.

3(i) Grading for trafficking.--

4(1) Except as set forth in paragraph (2), an individual
5who violates subsection (d) commits a misdemeanor of the
6third degree and shall, upon conviction, be sentenced to pay
7a fine of $1,000 or to imprisonment for not more than six
8months, or both.

9(2) An individual who, after being sentenced under
10paragraph (1), violates subsection (d) commits a misdemeanor
11of the second degree and shall, upon conviction, be sentenced
12to pay a fine of $2,000 or to imprisonment for not more than
13two years, or both.

14§ 5803. Possession.

15(a) Offense.--Except as set forth in section 5802 (relating
16to marijuana) or 5807 (relating to medical exceptions), an
17individual may not possess:

18(1) a controlled substance in an amount less than the
19amount specified in section 5805 (relating to drug
20trafficking); or

21(2) paraphernalia related to a controlled substance.

22(b) Grading.--

23(1) Except as set forth in paragraph (2), an individual
24who violates subsection (a) commits a misdemeanor of the
25third degree and shall, upon conviction, be sentenced to
26community-based drug treatment and to pay the costs of that
27treatment.

28(2) An individual who, after being sentenced under
29paragraph (1), violates subsection (a)(1) commits a
30misdemeanor of the second degree and shall, upon conviction,

1be sentenced to pay a fine of $1,000 or to imprisonment for
2not more than three months, or both.

3(3) An individual who violates subsection (a)(2) commits
4a summary offense and shall, upon conviction, be sentenced to
5pay a fine of $300.

6§ 5804. Distribution.

7(a) For consideration.--

8(1) Except as set forth in section 5802 (relating to
9marijuana) or 5807 (relating to medical exceptions), a person
10may not distribute a controlled substance in return for
11receipt of anything of value to:

12(i) an individual who is at least 18 years of age;
13or

14(ii) an individual under 18 years of age.

15(2) A person may not distribute a counterfeit to another
16person in return for receipt of anything of value.

17(b) Gratis.--Except as set forth in section 5802, a person
18may not do any of the following:

19(1) Distribute to an individual who is at least 18 years
20of age, without charge or recompense, a controlled substance
21in an amount specified under section 5803(a)(1) (relating to
22possession).

23(2) Distribute to an individual who is under 18 years of
24age, without charge or recompense, a controlled substance.

25(c) Grading.--

26(1) Except as set forth in paragraph (2):

27(i) A person that violates subsection (a)(1)(i) or
28(2) or (b)(1) commits a misdemeanor of the second degree
29and shall, upon conviction, be sentenced to pay a fine of
30$1,000 or to imprisonment for not more than two years, or

1both.

2(ii) A person that violates subsection (a)(1)(ii) or
3(b)(2) commits a misdemeanor of the second degree and
4shall, upon conviction, be sentenced to pay a fine of
5$2,000 or to imprisonment for not more than four years,
6or both.

7(2) A person that, after being sentenced under paragraph
8(1):

9(i) Violates subsection (a)(1)(i) or (2) or (b)(1)
10commits a misdemeanor of the first degree and shall, upon
11conviction, be sentenced to pay a fine of $2,000 or to
12imprisonment for not more than four years, or both.

13(ii) Violates subsection (a)(1)(ii) or (b)(2)
14commits a felony of the third degree and shall, upon
15conviction, be sentenced to pay a fine of $4,000 or to
16imprisonment for not more than eight years, or both.

17§ 5805. Drug trafficking.

18(a) Offense for controlled substance.--Except as set forth
19in section 5807 (relating to medical exceptions):

20(1) An individual may not possess 2.0 grams or more of a
21controlled substance which is a narcotic drug or a mixture
22that contains a controlled substance classified in Schedule I
23or Schedule II under section 4 of the act of April 14, 1972
24(P.L.233, No.64), known as The Controlled Substance, Drug,
25Device and Cosmetic Act, which is a narcotic drug in an
26amount of at least 2.0 grams.

27(2) The following apply:

28(i) Except as set forth in subparagraph (ii), an
29individual may not possess 5.0 grams or more of a
30controlled substance which is coca leaves.

1(ii) Subparagraph (i) does not apply to:

2(A) decocainized coca leaves; or

3(B) extracts of coca leaves which do not contain
4cocaine or ecgonine.

5(3) An individual may not possess 5.0 grams or more of a
6controlled substance which is any of the following:

7(i) Methamphetamine.

8(ii) Phencyclidine.

9(4) An individual may not possess 5.0 grams or more of a
10controlled substance which is amphetamine.

11(5) An individual may not possess 50 or more dosage
12units of a controlled substance which is methaqualone.

13(6) An individual may not possess 1.0 grams or more of a
14controlled substance which is heroin.

15(7) An individual may not possess 50 or more dosage
16units of a controlled substance which is:

17(i) 3,4-methylenedioxyamphetamine (MDA);

18(ii) 3,4-methylenedioxymethamphetamine (MDMA);

19(iii) 5-methoxy-3,4-methylenedioxyamphetamine
20(MMDA);

21(iv) 3,4-methylenedioxy-N-ethylamphetamine; or

22(v) N-hydroxy-3,4-methylenedioxyamphetamine.

23(8) An individual may not possess a designer drug.

24(b) Offense for counterfeit.--A person may not possess a
25counterfeit of a controlled substance under subsection (a) in
26the applicable amount specified in subsection (a).

27(c) Grading.--

28(1) Except as set forth in paragraph (2), an individual
29who violates subsection (a) commits a misdemeanor of the
30first degree and shall, upon conviction, be sentenced to pay

1a fine of $2,000 or to imprisonment for not more than two
2years, or both.

3(2) An individual who, after being sentenced under
4paragraph (1), violates subsection (a) commits a felony of
5the third degree and shall, upon conviction, be sentenced to
6pay a fine of $5,000 or to imprisonment for not more than
7three years, or both.

8§ 5806. Manufacturing.

9(a) Offense.--

10(1) Except as set forth in paragraph (3), a person may
11not manufacture a controlled substance.

12(2) A person may not manufacture a counterfeit.

13(3) Paragraph (1) does not apply to a person that is
14registered as a manufacturer under section 6 of the act of
15April 14, 1972 (P.L.233, No.64), known as The Controlled
16Substance, Drug, Device and Cosmetic Act.

17(b) Grading.--

18(1) A person that violates subsection (a) commits a
19felony of the third degree and shall, upon conviction, be
20sentenced to pay a fine of $5,000 or to imprisonment for not
21more than five years.

22(2) A person that, after being sentenced under paragraph
23(1), violates subsection (a) commits a felony of the second
24degree and shall, upon conviction, be sentenced to pay a fine
25of $10,000 or to imprisonment for not more than seven years,
26or both.

27§ 5807. Medical exceptions.

28This chapter does not proscribe any act which is authorized
29by registration under the act of April 14, 1972 (P.L.233,
30No.64), known as The Controlled Substance, Drug, Device and

1Cosmetic Act.

2Section 6. Sections 6105(a.1)(1), (c)(2) and (d)(3)(ii),
36109(e)(1)(iii) and (iv), 6314, 6317(a) introductory paragraph
4and (c), 6319(a) and (b), 7508, 7508.1(b) and 7508.2 of Title 18
5are amended to read:

6§ 6105. Persons not to possess, use, manufacture, control, sell
7or transfer firearms.

8* * *

9(a.1) Penalty.--

10(1) A person convicted of a felony enumerated under 
11Chapter 58 (relating to controlled substances) or subsection
12(b) or a felony under the act of April 14, 1972 (P.L.233,
13No.64), known as The Controlled Substance, Drug, Device and
14Cosmetic Act, or any equivalent Federal statute or equivalent
15statute of any other state, who violates subsection (a)
16commits a felony of the second degree.

17* * *

18(c) Other persons.--In addition to any person who has been
19convicted of any offense listed under subsection (b), the
20following persons shall be subject to the prohibition of
21subsection (a):

22* * *

23(2) A person who has been convicted of an offense under
24Chapter 58 or the act of April 14, 1972 (P.L.233, No.64),
25known as The Controlled Substance, Drug, Device and Cosmetic
26Act, or any equivalent Federal statute or equivalent statute
27of any other state, that may be punishable by a term of
28imprisonment exceeding two years.

29* * *

30(d) Exemption.--A person who has been convicted of a crime

1specified in subsection (a) or (b) or a person whose conduct
2meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
3may make application to the court of common pleas of the county
4where the principal residence of the applicant is situated for
5relief from the disability imposed by this section upon the
6possession, transfer or control of a firearm. The court shall
7grant such relief if it determines that any of the following
8apply:

9* * *

10(3) Each of the following conditions is met:

11* * *

12(ii) A period of ten years, not including any time
13spent in incarceration, has elapsed since the most recent
14conviction of the applicant of a crime enumerated in
15subsection (b), a felony violation of Chapter 58 or The
16Controlled Substance, Drug, Device and Cosmetic Act or
17the offense which resulted in the prohibition under 18
18U.S.C. § 922(g)(9).

19* * *

20§ 6109. Licenses.

21* * *

22(e) Issuance of license.--

23(1) A license to carry a firearm shall be for the
24purpose of carrying a firearm concealed on or about one's
25person or in a vehicle and shall be issued if, after an
26investigation not to exceed 45 days, it appears that the
27applicant is an individual concerning whom no good cause
28exists to deny the license. A license shall not be issued to
29any of the following:

30* * *

1(iii) An individual convicted of a crime enumerated
2in Chapter 58 (relating to controlled substances) or
3section 6105.

4(iv) An individual who, within the past ten years,
5has been adjudicated delinquent for a crime enumerated in
6Chapter 58 or section 6105 or for an offense under The
7Controlled Substance, Drug, Device and Cosmetic Act.

8* * *

9[§ 6314. Sentencing and penalties for trafficking drugs to
10minors.

11(a) General rule.--A person over 18 years of age who is
12convicted in any court of this Commonwealth of a violation of
13section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, 
14No.64), known as The Controlled Substance, Drug, Device and
15Cosmetic Act, shall, if the delivery or possession with intent
16to deliver of the controlled substance was to a minor, be
17sentenced to a minimum sentence of at least one year total
18confinement, notwithstanding any other provision of this title
19or other statute to the contrary.

20(b) Additional penalties.--In addition to the mandatory
21minimum sentence set forth in subsection (a), the person shall
22be sentenced to an additional minimum sentence of at least two
23years total confinement, notwithstanding any other provision of
24this title or other statute to the contrary, if the person did
25any of the following:

26(1) Committed the offense with the intent to promote the
27habitual use of the controlled substance.

28(2) Intended to engage the minor in the trafficking,
29transportation, delivery, manufacturing, sale or conveyance.

30(3) Committed the offense within 1,000 feet of the real

1property on which is located a public, private or parochial
2school or a college or university.

3(4) Committed the offense on a school bus or within 500
4feet of a school bus stop.

5(c) Proof at sentencing.--The provisions of this section
6shall not be an element of the crime. Notice of the
7applicability of this section to the defendant shall not be
8required prior to conviction, but reasonable notice of the
9Commonwealth's intention to proceed under this section shall be
10provided after conviction and before sentencing. The
11applicability of this section shall be determined at sentencing.
12The court shall consider evidence presented at trial, shall
13afford the Commonwealth and the defendant an opportunity to
14present necessary additional evidence, and shall determine, by a
15preponderance of the evidence, if this section is applicable.

16(d) Authority of court in sentencing.--There shall be no
17authority for a court to impose on a defendant to which this
18section is applicable a lesser sentence than provided for in
19subsection (a), to place the defendant on probation or to
20suspend sentence. Nothing in this section shall prevent the
21sentencing court from imposing a sentence greater than that
22provided in this section. Sentencing guidelines promulgated by
23the Pennsylvania Commission on Sentencing shall not supersede
24the mandatory sentences provided in this section. Disposition
25under section 17 or 18 of The Controlled Substance, Drug, Device
26and Cosmetic Act shall not be available to a defendant to which
27this section applies.

28(e) Appeal by Commonwealth.--If a sentencing court refuses
29to apply this section where applicable, the Commonwealth shall
30have the right to appellate review of the action of the

1sentencing court. The appellate court shall vacate the sentence
2and remand the case to the sentencing court for imposition of a
3sentence in accordance with this section if it finds that the
4sentence was imposed in violation of this section.

5(f) Forfeiture.--Assets against which a forfeiture petition
6has been filed and is pending or against which the Commonwealth
7has indicated an intention to file a forfeiture petition shall
8not be subject to a fine under this section.

9(g) Definition.--As used in this section, the term "minor"
10means an individual under 18 years of age.]

11§ 6317. Drug-free school zones.

12(a) General rule.--A person 18 years of age or older who is
13convicted in any court of this Commonwealth of a violation of
14section 13(a)(14) [or (30)] of the act of April 14, 1972 
15(P.L.233, No.64), known as The Controlled Substance, Drug,
16Device and Cosmetic Act, shall, if the delivery or possession
17with intent to deliver of the controlled substance occurred
18within 1,000 feet of the real property on which is located a
19public, private or parochial school or a college or university
20or within 250 feet of the real property on which is located a
21recreation center or playground or on a school bus, be sentenced
22to a minimum sentence of at least two years of total
23confinement, notwithstanding any other provision of this title,
24The Controlled Substance, Drug, Device and Cosmetic Act or other
25statute to the contrary. The maximum term of imprisonment shall
26be four years for any offense:

27* * *

28(c) Authority of court in sentencing.--There shall be no
29authority for a court to impose on a defendant to which this
30section is applicable a lesser sentence than provided for in

1subsection (a), to place the defendant on probation or to
2suspend sentence. Nothing in this section shall prevent the
3sentencing court from imposing a sentence greater than that
4provided in this section. Sentencing guidelines promulgated by
5the Pennsylvania Commission on Sentencing shall not supersede
6the mandatory sentences provided in this section. [Disposition
7under section 17 or 18 of The Controlled Substance, Drug, Device
8and Cosmetic Act shall not be available to a defendant to which
9this section applies.]

10* * *

11§ 6319. Solicitation of minors to traffic drugs.

12(a) Offense defined.--A person 18 years of age or older
13commits a felony of the second degree if he solicits a person
14who is less than 18 years of age to engage in a violation of
15section 13(a)(14) [or (30)] of the act of April 14, 1972 
16(P.L.233, No.64), known as The Controlled Substance, Drug,
17Device and Cosmetic Act, or delivers or conspires to deliver a
18controlled substance to such a person, intending, knowing or
19having reason to know that the person intends to engage in such
20a violation with the controlled substance.

21(b) Drug-free school zone.--A person violating subsection
22(a) commits a felony of the first degree if he intends, knows or
23has reason to know that the person under 18 years of age intends
24to violate section 13(a)(14) [or (30)] of The Controlled
25Substance, Drug, Device and Cosmetic Act in a drug-free school
26zone.

27* * *

28[§ 7508. Drug trafficking sentencing and penalties.

29(a) General rule.--Notwithstanding any other provisions of
30this or any other act to the contrary, the following provisions

1shall apply:

2(1) A person who is convicted of violating section 13(a)
3(14), (30) or (37) of the act of April 14, 1972 (P.L.233, 
4No.64), known as The Controlled Substance, Drug, Device and
5Cosmetic Act, where the controlled substance is marijuana
6shall, upon conviction, be sentenced to a mandatory minimum
7term of imprisonment and a fine as set forth in this
8subsection:

9(i) when the amount of marijuana involved is at
10least two pounds, but less than ten pounds, or at least
11ten live plants but less than 21 live plants; one year in
12prison and a fine of $5,000 or such larger amount as is
13sufficient to exhaust the assets utilized in and the
14proceeds from the illegal activity; however, if at the
15time of sentencing the defendant has been convicted of
16another drug trafficking offense: two years in prison and
17a fine of $10,000 or such larger amount as is sufficient
18to exhaust the assets utilized in and the proceeds from
19the illegal activity;

20(ii) when the amount of marijuana involved is at
21least ten pounds, but less than 50 pounds, or at least 21
22live plants but less than 51 live plants; three years in
23prison and a fine of $15,000 or such larger amount as is
24sufficient to exhaust the assets utilized in and the
25proceeds from the illegal activity; however, if at the
26time of sentencing the defendant has been convicted of
27another drug trafficking offense: four years in prison
28and a fine of $30,000 or such larger amount as is
29sufficient to exhaust the assets utilized in and the
30proceeds from the illegal activity; and

1(iii) when the amount of marijuana involved is at
2least 50 pounds, or at least 51 live plants; five years
3in prison and a fine of $50,000 or such larger amount as
4is sufficient to exhaust the assets utilized in and the
5proceeds from the illegal activity.

6(2) A person who is convicted of violating section 13(a)
7(14), (30) or (37) of The Controlled Substance, Drug, Device
8and Cosmetic Act where the controlled substance or a mixture
9containing it is classified in Schedule I or Schedule II
10under section 4 of that act and is a narcotic drug shall,
11upon conviction, be sentenced to a mandatory minimum term of
12imprisonment and a fine as set forth in this subsection:

13(i) when the aggregate weight of the compound or
14mixture containing the substance involved is at least 2.0
15grams and less than ten grams; two years in prison and a
16fine of $5,000 or such larger amount as is sufficient to
17exhaust the assets utilized in and the proceeds from the
18illegal activity; however, if at the time of sentencing
19the defendant has been convicted of another drug
20trafficking offense: three years in prison and $10,000 or
21such larger amount as is sufficient to exhaust the assets
22utilized in and the proceeds from the illegal activity;

23(ii) when the aggregate weight of the compound or
24mixture containing the substance involved is at least ten
25grams and less than 100 grams; three years in prison and
26a fine of $15,000 or such larger amount as is sufficient
27to exhaust the assets utilized in and the proceeds from
28the illegal activity; however, if at the time of
29sentencing the defendant has been convicted of another
30drug trafficking offense: five years in prison and

1$30,000 or such larger amount as is sufficient to exhaust
2the assets utilized in and the proceeds from the illegal
3activity; and

4(iii) when the aggregate weight of the compound or
5mixture containing the substance involved is at least 100
6grams; five years in prison and a fine of $25,000 or such
7larger amount as is sufficient to exhaust the assets
8utilized in and the proceeds from the illegal activity;
9however, if at the time of sentencing the defendant has
10been convicted of another drug trafficking offense: seven
11years in prison and $50,000 or such larger amount as is
12sufficient to exhaust the assets utilized in and the
13proceeds from the illegal activity.

14(3) A person who is convicted of violating section 13(a)
15(14), (30) or (37) of The Controlled Substance, Drug, Device
16and Cosmetic Act where the controlled substance is coca
17leaves or is any salt, compound, derivative or preparation of
18coca leaves or is any salt, compound, derivative or
19preparation which is chemically equivalent or identical with
20any of these substances or is any mixture containing any of
21these substances except decocainized coca leaves or extracts
22of coca leaves which (extracts) do not contain cocaine or
23ecgonine shall, upon conviction, be sentenced to a mandatory
24minimum term of imprisonment and a fine as set forth in this
25subsection:

26(i) when the aggregate weight of the compound or
27mixture containing the substance involved is at least 2.0
28grams and less than ten grams; one year in prison and a
29fine of $5,000 or such larger amount as is sufficient to
30exhaust the assets utilized in and the proceeds from the

1illegal activity; however, if at the time of sentencing
2the defendant has been convicted of another drug
3trafficking offense: three years in prison and $10,000 or
4such larger amount as is sufficient to exhaust the assets
5utilized in and the proceeds from the illegal activity;

6(ii) when the aggregate weight of the compound or
7mixture containing the substance involved is at least ten
8grams and less than 100 grams; three years in prison and
9a fine of $15,000 or such larger amount as is sufficient
10to exhaust the assets utilized in and the proceeds from
11the illegal activity; however, if at the time of
12sentencing the defendant has been convicted of another
13drug trafficking offense: five years in prison and
14$30,000 or such larger amount as is sufficient to exhaust
15the assets utilized in and the proceeds from the illegal
16activity; and

17(iii) when the aggregate weight of the compound or
18mixture of the substance involved is at least 100 grams;
19four years in prison and a fine of $25,000 or such larger
20amount as is sufficient to exhaust the assets utilized in
21and the proceeds from the illegal activity; however, if
22at the time of sentencing the defendant has been
23convicted of another drug trafficking offense: seven
24years in prison and $50,000 or such larger amount as is
25sufficient to exhaust the assets utilized in and the
26proceeds from the illegal activity.

27(4) A person who is convicted of violating section 13(a)
28(14), (30) or (37) of The Controlled Substance, Drug, Device
29and Cosmetic Act where the controlled substance is
30methamphetamine or phencyclidine or is a salt, isomer or salt

1of an isomer of methamphetamine or phencyclidine or is a
2mixture containing methamphetamine or phencyclidine,
3containing a salt of methamphetamine or phencyclidine,
4containing an isomer of methamphetamine or phencyclidine,
5containing a salt of an isomer of methamphetamine or
6phencyclidine shall, upon conviction, be sentenced to a
7mandatory minimum term of imprisonment and a fine as set
8forth in this subsection:

9(i) when the aggregate weight of the compound or
10mixture containing the substance involved is at least
11five grams and less than ten grams; three years in prison
12and a fine of $15,000 or such larger amount as is
13sufficient to exhaust the assets utilized in and the
14proceeds from the illegal activity; however, if at the
15time of sentencing the defendant has been convicted of
16another drug trafficking offense: five years in prison
17and $30,000 or such larger amount as is sufficient to
18exhaust the assets utilized in and the proceeds from the
19illegal activity;

20(ii) when the aggregate weight of the compound or
21mixture containing the substance involved is at least ten
22grams and less than 100 grams; four years in prison and a
23fine of $25,000 or such larger amount as is sufficient to
24exhaust the assets utilized in and the proceeds from the
25illegal activity; however, if at the time of sentencing
26the defendant has been convicted of another drug
27trafficking offense: seven years in prison and $50,000 or
28such larger amount as is sufficient to exhaust the assets
29utilized in and the proceeds from the illegal activity;
30and

1(iii) when the aggregate weight of the compound or
2mixture containing the substance involved is at least 100
3grams; five years in prison and a fine of $50,000 or such
4larger amount as is sufficient to exhaust the assets
5utilized in and the proceeds from the illegal activity;
6however, if at the time of sentencing the defendant has
7been convicted of another drug trafficking offense: eight
8years in prison and $50,000 or such larger amount as is
9sufficient to exhaust the assets utilized in and the
10proceeds from the illegal activity.

11(5) A person who is convicted of violating section 13(a)
12(14), (30) or (37) of The Controlled Substance, Drug, Device
13and Cosmetic Act, and who, in the course of the offense,
14manufactures, delivers, brings into this Commonwealth or
15possesses with intent to manufacture or deliver amphetamine
16or any salt, optical isomer, or salt of an optical isomer, or
17a mixture containing any such substances shall, when the
18aggregate weight of the compound or mixture containing the
19substance involved is at least five grams, be sentenced to
20two and one-half years in prison and a fine of $15,000 or
21such larger amount as is sufficient to exhaust the assets
22utilized in and the proceeds from the illegal activity;
23however, if at the time of sentencing the defendant has been
24convicted of another drug trafficking offense: be sentenced
25to five years in prison and $30,000 or such larger amount as
26is sufficient to exhaust the assets utilized in and the
27proceeds from the illegal activity.

28(6) A person who is convicted of violating section 13(a)
29(14), (30) or (37) of The Controlled Substance, Drug, Device
30and Cosmetic Act where the controlled substance is

1methaqualone shall, upon conviction, be sentenced to a
2mandatory minimum term of imprisonment and a fine as set
3forth in this subsection:

4(i) when the aggregate weight of the compound or
5mixture containing the substance involved is at least 50
6tablets, capsules, caplets or other dosage units, or 25
7grams and less than 200 tablets, capsules, caplets or
8other dosage units, or 100 grams; one year in prison and
9a fine of $2,500 or such larger amount as is sufficient
10to exhaust the assets utilized in and the proceeds from
11the illegal activity; however, if at the time of
12sentencing the defendant has been convicted of another
13drug trafficking offense: three years in prison and
14$5,000 or such larger amount as is sufficient to exhaust
15the assets utilized in and the proceeds from the illegal
16activity; and

17(ii) when the aggregate weight of the compound or
18mixture containing the substance involved is at least 200
19tablets, capsules, caplets or other dosage units, or more
20than 100 grams; two and one-half years in prison and a
21fine of $15,000 or such larger amount as is sufficient to
22exhaust the assets utilized in and the proceeds from the
23illegal activity; however, if at the time of sentencing
24the defendant has been convicted of another drug
25trafficking offense: five years in prison and $30,000 or
26such larger amount as is sufficient to exhaust the assets
27utilized in and the proceeds from the illegal activity.

28(7) A person who is convicted of violating section 13(a)
29(14), (30) or (37) of The Controlled Substance, Drug, Device
30and Cosmetic Act where the controlled substance or a mixture

1containing it is heroin shall, upon conviction, be sentenced
2as set forth in this paragraph:

3(i) when the aggregate weight of the compound or
4mixture containing the heroin involved is at least 1.0
5gram but less than 5.0 grams the sentence shall be a
6mandatory minimum term of two years in prison and a fine
7of $5,000 or such larger amount as is sufficient to
8exhaust the assets utilized in and the proceeds from the
9illegal activity; however, if at the time of sentencing
10the defendant has been convicted of another drug
11trafficking offense: a mandatory minimum term of three
12years in prison and $10,000 or such larger amount as is
13sufficient to exhaust the assets utilized in and the
14proceeds from the illegal activity;

15(ii) when the aggregate weight of the compound or
16mixture containing the heroin involved is at least 5.0
17grams but less than 50 grams: a mandatory minimum term of
18three years in prison and a fine of $15,000 or such
19larger amount as is sufficient to exhaust the assets
20utilized in and the proceeds from the illegal activity;
21however, if at the time of sentencing the defendant has
22been convicted of another drug trafficking offense: a
23mandatory minimum term of five years in prison and
24$30,000 or such larger amount as is sufficient to exhaust
25the assets utilized in and the proceeds from the illegal
26activity; and

27(iii) when the aggregate weight of the compound or
28mixture containing the heroin involved is 50 grams or
29greater: a mandatory minimum term of five years in prison
30and a fine of $25,000 or such larger amount as is

1sufficient to exhaust the assets utilized in and the
2proceeds from the illegal activity; however, if at the
3time of sentencing the defendant has been convicted of
4another drug trafficking offense: a mandatory minimum
5term of seven years in prison and $50,000 or such larger
6amount as is sufficient to exhaust the assets utilized in
7and the proceeds from the illegal activity.

8(8) A person who is convicted of violating section 13(a)
9(12), (14) or (30) of The Controlled Substance, Drug, Device
10and Cosmetic Act where the controlled substance or a mixture
11containing it is 3,4-methylenedioxyamphetamine (MDA); 3,4-
12methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4-
13methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
14ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or
15their salts, isomers and salts of isomers, whenever the
16existence of such salts, isomers and salts of isomers is
17possible within the specific chemical designation, shall,
18upon conviction, be sentenced as set forth in this paragraph:

19(i) When the aggregate weight of the compound or
20mixture containing the substance involved is at least 50
21tablets, capsules, caplets or other dosage units, or 15
22grams and less than 100 tablets, capsules, caplets or
23other dosage units, or less than 30 grams, the person is
24guilty of a felony and, upon conviction thereof, shall be
25sentenced to imprisonment not exceeding five years or to
26pay a fine not exceeding $15,000, or both.

27(ii) When the aggregate weight of the compound or
28mixture containing the substance involved is at least 100
29tablets, capsules, caplets or other dosage units, or 30
30grams and less than 1,000 tablets, capsules, caplets or

1other dosage units, or less than 300 grams, the person is
2guilty of a felony and, upon conviction thereof, shall be
3sentenced to imprisonment not exceeding ten years or to
4pay a fine not exceeding $100,000, or both.

5(iii) When the aggregate weight of the compound or
6mixture containing the substance involved is at least
71,000 tablets, capsules, caplets or other dosage units,
8or 300 grams, the person is guilty of a felony and, upon
9conviction thereof, shall be sentenced to imprisonment
10not exceeding 15 years or to pay a fine not exceeding
11$250,000, or both.

12(a.1) Previous conviction.--For purposes of this section, it
13shall be deemed that a defendant has been convicted of another
14drug trafficking offense when the defendant has been convicted
15of another offense under section 13(a)(14), (30) or (37) of The
16Controlled Substance, Drug, Device and Cosmetic Act, or of a
17similar offense under any statute of any state or the United
18States, whether or not judgment of sentence has been imposed
19concerning that offense.

20(b) Proof of sentencing.--Provisions of this section shall
21not be an element of the crime. Notice of the applicability of
22this section to the defendant shall not be required prior to
23conviction, but reasonable notice of the Commonwealth's
24intention to proceed under this section shall be provided after
25conviction and before sentencing. The applicability of this
26section shall be determined at sentencing. The court shall
27consider evidence presented at trial, shall afford the
28Commonwealth and the defendant an opportunity to present
29necessary additional evidence and shall determine, by a
30preponderance of the evidence, if this section is applicable.

1(c) Mandatory sentencing.--There shall be no authority in
2any court to impose on an offender to which this section is
3applicable a lesser sentence than provided for herein or to
4place the offender on probation, parole or work release or to
5suspend sentence. Nothing in this section shall prevent the
6sentencing court from imposing a sentence greater than provided
7herein. Sentencing guidelines promulgated by the Pennsylvania
8Commission on Sentencing shall not supersede the mandatory
9sentences provided herein. Disposition under section 17 or 18 of
10The Controlled Substance, Drug, Device and Cosmetic Act shall
11not be available to a defendant to which this section applies.

12(d) Appellate review.--If a sentencing court refuses to
13apply this section where applicable, the Commonwealth shall have
14the right to appellate review of the action of the sentencing
15court. The appellate court shall vacate the sentence and remand
16the case to the sentencing court for imposition of a sentence in
17accordance with this section if it finds that the sentence was
18imposed in violation of this section.

19(e) Forfeiture.--Assets against which a forfeiture petition
20has been filed and is pending or against which the Commonwealth
21has indicated an intention to file a forfeiture petition shall
22not be subject to a fine. Nothing in this section shall prevent
23a fine from being imposed on assets which have been subject to
24an unsuccessful forfeiture petition.

25(f) Growing plants.--When the controlled substance is
26marijuana in the form of growing plants and the number of plants
27is nine or less, weighing may be accomplished by law enforcement
28officials utilizing any certified scale convenient to the place
29of arrest for the purpose of determining the weight of the
30growing marijuana plant. The aggregate weight of the plant is to

1include the whole plant including the root system if possible.
2The weight is not to include any substance not a part of the
3growing plant.]

4§ 7508.1. Substance Abuse Education and Demand Reduction Fund.

5* * *

6(b) Imposition.--Unless the court finds that undue hardship
7would result, a mandatory cost of $100, which shall be in
8addition to any other costs imposed pursuant to statutory
9authority, shall automatically be assessed on any individual
10convicted, adjudicated delinquent or granted Accelerated
11Rehabilitative Disposition or any individual who pleads guilty
12or nolo contendere for a violation of Chapter 58 (relating to 
13controlled substances) or the act of April 14, 1972 (P.L.233, 
14No.64), known as The Controlled Substance, Drug, Device and
15Cosmetic Act, or a violation of 75 Pa.C.S. § 3802 (relating to
16driving under influence of alcohol or controlled substance).

17* * *

18[§ 7508.2. Operation of methamphetamine laboratory.

19(a) Offense defined.--A person commits the offense of 
20operating a methamphetamine laboratory if the person knowingly 
21causes a chemical reaction involving ephedrine, pseudoephedrine 
22or phenylpropanolamine, or any other precursor or reagent 
23substance under section 13.1 of the act of April 14, 1972 
24(P.L.233, No.64), known as The Controlled Substance, Drug, 
25Device and Cosmetic Act, for the purpose of manufacturing 
26methamphetamine or preparing a precursor or reagent substance 
27for the manufacture of methamphetamine.

28(b) Grading.--

29(1) Except as provided in paragraph (2), an offense
30under this subsection constitutes a felony of the second

1degree and is also subject to section 1110 (relating to
2restitution for cleanup of clandestine laboratories).

3(2) A person who violates subsection (a) commits a
4felony of the first degree if the chemical reaction occurs
5within 1,000 feet of the real property on which is located a
6public, private or parochial school, a college or university
7or a nursery school or day care center, or within 250 feet of
8the real property on which is located a recreation center or
9playground. The person shall also be subject to section 1110.

10(c) Applicability.--

11(1) This section does not apply to the manufacturing 
12operation of a licensed pharmaceutical company in the normal 
13course of business.

14(2) Nothing in this section shall be construed to
15preclude a prosecution for the same or similar activity under
16The Controlled Substance, Drug, Device and Cosmetic Act.

17(d) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
19subsection unless the context clearly indicates otherwise:

20"Manufacture." The term shall have the same meaning given to
21the term in section 2(b) of the act of April 14, 1972 (P.L.233,
22No.64), known as The Controlled Substance, Drug, Device and
23Cosmetic Act.]

24Section 7. Section 6344(c)(2) of Title 23 is amended to
25read:

26§ 6344. Information relating to prospective child-care
27personnel.

28* * *

29(c) Grounds for denying employment.--

30* * *

1(2) In no case shall an administrator hire an applicant
2if the applicant's criminal history record information
3indicates the applicant has been convicted of one or more of
4the following offenses under Title 18 (relating to crimes and
5offenses) or an equivalent crime under Federal law or the law
6of another state:

7Chapter 25 (relating to criminal homicide).

8Section 2702 (relating to aggravated assault).

9Section 2709.1 (relating to stalking).

10Section 2901 (relating to kidnapping).

11Section 2902 (relating to unlawful restraint).

12Section 3121 (relating to rape).

13Section 3122.1 (relating to statutory sexual assault).

14Section 3123 (relating to involuntary deviate sexual
15intercourse).

16Section 3124.1 (relating to sexual assault).

17Section 3125 (relating to aggravated indecent assault).

18Section 3126 (relating to indecent assault).

19Section 3127 (relating to indecent exposure).

20Section 4302 (relating to incest).

21Section 4303 (relating to concealing death of child).

22Section 4304 (relating to endangering welfare of
23children).

24Section 4305 (relating to dealing in infant children).

25Chapter 58 (relating to controlled substances).

26A felony offense under section 5902(b) (relating to
27prostitution and related offenses).

28Section 5903(c) or (d) (relating to obscene and other
29sexual materials and performances).

30Section 6301 (relating to corruption of minors).

1Section 6312 (relating to sexual abuse of children).

2The attempt, solicitation or conspiracy to commit any of
3the offenses set forth in this paragraph.

4* * *

5Section 8. Section 1725.3(a) of Title 42 is amended to read:

6§ 1725.3. Criminal laboratory user fee.

7(a) Imposition.--A person [who is placed on probation
8without verdict pursuant to section 17 of the act of April 14, 
91972 (P.L.233, No.64), known as The Controlled Substance, Drug,
10Device and Cosmetic Act, or] who receives Accelerated
11Rehabilitative Disposition or who pleads guilty to or nolo
12contendere to or who is convicted of a crime as defined in 18 
13Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. § 
141543(b)(1.1) (relating to driving while operating privilege is
15suspended or revoked) or 3802 (relating to driving under
16influence of alcohol or controlled substance) or 3735 (relating
17to homicide by vehicle while driving under influence) or 3735.1
18(relating to aggravated assault while driving under the
19influence) or 3808(a)(2) (relating to illegally operating a
20motor vehicle not equipped with ignition interlock) or a
21violation of The Controlled Substance, Drug, Device and Cosmetic
22Act shall, in addition to any fines, penalties or costs, in
23every case where laboratory services were required to prosecute
24the crime or violation, be sentenced to pay a criminal
25laboratory user fee which shall include, but not be limited to,
26the cost of sending a laboratory technician to court
27proceedings.

28* * *

29Section 9. Section 1725.5(a)(1) of Title 42 is amended and
30paragraph (2) is amended by adding a subparagraph to read:

1§ 1725.5. Booking center fee.

2(a) Imposition.--Following the adoption of a countywide
3booking center plan, a person may, in addition to any other
4fines, penalties or costs imposed by law, be required by the
5court to pay a booking center fund fee of no more than $300 if
6the person:

7[(1) Is placed on probation without verdict pursuant to
8section 17 of the act of April 14, 1972 (P.L.233, No.64),
9known as The Controlled Substance, Drug, Device and Cosmetic
10Act.]

11(2) Receives Accelerated Rehabilitative Disposition for,
12pleads guilty to or nolo contendere to or is convicted of a
13crime under the following:

14* * *

15(i.1) 18 Pa.C.S. Ch. 58 (relating to controlled
16substances).

17* * *

18Section 10. Sections 5761, 6801(a)(1), (2), (4), (5), (6)(i)
19and (ii) and (7), (b)(4), (f) and (h), 9711(d)(13) and (14) and
209712.1(a) and (b) of Title 42 are amended to read:

21§ 5761. Bail in drug offenses.

22(a) Inquiry as to source.--When fixing and accepting bail
23for a person charged with a violation of 18 Pa.C.S. Ch. 58 
24(relating to controlled substances) or the act of April 14, 1972 
25(P.L.233, No.64), known as The Controlled Substance, Drug,
26Device and Cosmetic Act, the magisterial district judge or judge
27shall determine the source of the currency, bonds, realty or
28other property used for the payment of the bail or the
29procurement of a surety bond, as the case may be, being posted
30by or on behalf of the defendant. The magisterial district judge

1or judge may request such information as needed to identify the
2direct or indirect sources, derivation or ownership of the
3currency or other property used for the payment of bail or
4procurement of a bond.

5(b) Drug proceeds unacceptable.--If the magisterial district
6judge or judge determines that the bail or surety bond is being
7financed from funds derived from violations [of The Controlled
8Substance, Drug, Device and Cosmetic Act] specified in 
9subsection (a), the security shall not be accepted, and other
10security shall be required for the defendant to be admitted to
11bail.

12§ 6801. Controlled substances forfeiture.

13(a) Forfeitures generally.--The following shall be subject
14to forfeiture to the Commonwealth and no property right shall
15exist in them:

16(1) All drug paraphernalia, controlled substances or
17other drugs which have been manufactured, distributed,
18dispensed or acquired in violation of 18 Pa.C.S. Ch. 58 
19(relating to controlled substances) or the act of April 14, 
201972 (P.L.233, No.64), known as The Controlled Substance,
21Drug, Device and Cosmetic Act.

22(2) All raw materials, products and equipment of any
23kind which are used, or intended for use, in manufacturing,
24compounding, processing, delivering, importing or exporting
25any controlled substance or other drug in violation of 18 
26Pa.C.S. Ch. 58 or The Controlled Substance, Drug, Device and
27Cosmetic Act.

28* * *

29(4) All conveyances, including aircraft, vehicles or
30vessels, which are used or are intended for use to transport,

1or in any manner to facilitate the transportation, sale,
2receipt, possession or concealment of, property described in
3paragraph (1) or (2), except that:

4(i) no conveyance used by any person as a common
5carrier in the transaction of business as a common
6carrier shall be forfeited under the provisions of this
7section unless it shall appear that the owner or other
8person in charge of such conveyance was a consenting
9party or privy to a violation [of The Controlled
10Substance, Drug, Device and Cosmetic Act] specified in 
11paragraph (1) or (2);

12(ii) no conveyance shall be forfeited under the
13provisions of this section by reason of any act or
14omission established by the owner thereof to have been
15committed or omitted without his knowledge or consent,
16which absence of knowledge or consent must be reasonable
17under the circumstances presented; and

18(iii) no bona fide security interest retained or
19acquired under 13 Pa.C.S. (relating to commercial code)
20by any merchant dealing in new or used aircraft, vehicles
21or vessels, or retained or acquired by any licensed or
22regulated finance company, bank or lending institution,
23or by any other business regularly engaged in the
24financing of, or lending on the security of, such
25aircraft, vehicles or vessels, shall be subject to
26forfeiture or impairment[; and

27(iv) no conveyance shall be forfeited under this
28section for violation of section 13(a)(31) of The
29Controlled Substance, Drug, Device and Cosmetic Act].

30(5) All books, records and research, including formulas,

1microfilm, tapes and data, which are used or intended for use
2in a violation [of The Controlled Substance, Drug, Device and
3Cosmetic Act] specified in paragraph (1) or (2).

4(6) (i) All of the following:

5(A) Money, negotiable instruments, securities or
6other things of value furnished or intended to be
7furnished by any person in exchange for a controlled
8substance in a violation [of The Controlled
9Substance, Drug, Device and Cosmetic Act, and all
10proceeds traceable to such an exchange] specified in
11paragraph (1) or (2).

12(B) Money, negotiable instruments, securities or
13other things of value used or intended to be used to
14facilitate any violation [of The Controlled
15Substance, Drug, Device and Cosmetic Act] specified 
16in paragraph (1) or (2).

17(C) Real property used or intended to be used to
18facilitate any violation [of The Controlled
19Substance, Drug, Device and Cosmetic Act] specified 
20in paragraph (1) or (2), including structures or
21other improvements thereon, and including any right,
22title and interest in the whole or any lot or tract
23of land and any appurtenances or improvements, which
24is used, or intended to be used, in any manner or
25part, to commit, or to facilitate the commission of,
26[a] the violation [of The Controlled Substance, Drug,
27Device and Cosmetic Act], and things growing on,
28affixed to and found in the land.

29(ii) No property shall be forfeited under this
30paragraph, to the extent of the interest of an owner, by

1reason of any act or omission established by the owner to
2have been committed or omitted without the knowledge or
3consent of that owner. Such money and negotiable
4instruments found in close proximity to controlled
5substances possessed in a violation [of The Controlled
6Substance, Drug, Device and Cosmetic Act] specified in 
7paragraph (1) or (2) shall be rebuttably presumed to be
8proceeds derived from the selling of a controlled
9substance in violation of 18 Pa.C.S. Ch. 58 or The
10Controlled Substance, Drug, Device and Cosmetic Act.

11* * *

12(7) Any firearms, including, but not limited to, rifles,
13shotguns, pistols, revolvers, machine guns, zip guns or any
14type of prohibited offensive weapon, as that term is defined
15in 18 Pa.C.S. (relating to crimes and offenses), which are
16used or intended for use to facilitate a violation of 18 
17Pa.C.S. Ch. 58 or The Controlled Substance, Drug, Device and
18Cosmetic Act. Such operable firearms as are found in close
19proximity to illegally possessed controlled substances shall
20be rebuttably presumed to be used or intended for use to
21facilitate [a] the violation [of The Controlled Substance,
22Drug, Device and Cosmetic Act] specified in this paragraph.
23All weapons forfeited under this section shall be immediately
24destroyed by the receiving law enforcement agency.

25(b) Process and seizure.--Property subject to forfeiture
26under this chapter may be seized by the law enforcement
27authority upon process issued by any court of common pleas
28having jurisdiction over the property. Seizure without process
29may be made if:

30* * *

1(4) there is probable cause to believe that the property
2has been used or is intended to be used in violation of 18 
3Pa.C.S. Ch. 58 or The Controlled Substance, Drug, Device and
4Cosmetic Act.

5* * *

6(f) Use of cash or proceeds of property.--Cash or proceeds
7of forfeited property transferred to the custody of the district
8attorney pursuant to subsection (e) shall be placed in the
9operating fund of the county in which the district attorney is
10elected. The appropriate county authority shall immediately
11release from the operating fund, without restriction, a like
12amount for the use of the district attorney enforcing [the
13provisions of] 18 Pa.C.S. Ch. 58 or The Controlled Substance,
14Drug, Device and Cosmetic Act. The entity having budgetary
15control shall not anticipate future forfeitures or proceeds
16therefrom in adoption and approval of the budget for the
17district attorney.

18* * *

19(h) Authorization to utilize property.--The district
20attorney and the Attorney General shall utilize forfeited
21property or proceeds thereof for the purpose of enforcing [the
22provisions of] 18 Pa.C.S. Ch. 58 or The Controlled Substance,
23Drug, Device and Cosmetic Act. In appropriate cases, the
24district attorney and the Attorney General may designate
25proceeds from forfeited property to be utilized by community-
26based drug and crime-fighting programs and for relocation and
27protection of witnesses in criminal cases.

28* * *

29§ 9711. Sentencing procedure for murder of the first degree.

30* * *

1(d) Aggravating circumstances.--Aggravating circumstances
2shall be limited to the following:

3* * *

4(13) The defendant committed the killing or was an
5accomplice in the killing, as defined in 18 Pa.C.S. § 306(c)
6(relating to liability for conduct of another; complicity),
7while in the perpetration of a felony under [the provisions
8of] 18 Pa.C.S. Ch. 58 (relating to controlled substances) or
9the act of April 14, 1972 (P.L.233, No.64), known as The
10Controlled Substance, Drug, Device and Cosmetic Act, and
11punishable under the provisions of 18 Pa.C.S. § 7508
12(relating to drug trafficking sentencing and penalties).

13(14) At the time of the killing, the victim was or had
14been involved, associated or in competition with the
15defendant in the sale, manufacture, distribution or delivery
16of any controlled substance or counterfeit controlled
17substance in violation of 18 Pa.C.S. Ch. 58 or The Controlled
18Substance, Drug, Device and Cosmetic Act or similar law of
19any other state, the District of Columbia or the United
20States, and the defendant committed the killing or was an
21accomplice to the killing as defined in 18 Pa.C.S. § 306(c),
22and the killing resulted from or was related to that
23association, involvement or competition to promote the
24defendant's activities in selling, manufacturing,
25distributing or delivering controlled substances or
26counterfeit controlled substances.

27* * *

28§ 9712.1. Sentences for certain drug offenses committed with
29firearms.

30(a) Mandatory sentence.--Any person who is convicted of a

1violation of [section 13(a)(30) of the act of April 14, 1972 
2(P.L.233, No.64), known as The Controlled Substance, Drug,
3Device and Cosmetic Act] 18 Pa.C.S. Ch. 58 (relating to 
4controlled substances), when at the time of the offense the
5person or the person's accomplice is in physical possession or
6control of a firearm, whether visible, concealed about the
7person or the person's accomplice or within the actor's or
8accomplice's reach or in close proximity to the controlled
9substance, shall likewise be sentenced to a minimum sentence of
10at least five years of total confinement.

11(b) Limitation on aggregate sentences.--Where a defendant is
12subject to a mandatory minimum sentence under 18 Pa.C.S. § 
137508(a) (relating to drug trafficking sentencing and penalties)
14and is also subject to an additional penalty under subsection
15(a) and where the court elects to aggregate these penalties, the
16combined minimum sentence may not exceed the statutory maximum
17sentence of imprisonment allowable under [The Controlled
18Substance, Drug, Device and Cosmetic Act] 18 Pa.C.S. Ch. 58.

19* * *

20Section 11. Section 9721(a) of Title 42 is amended by adding
21a paragraph to read:

22§ 9721. Sentencing generally.

23(a) General rule.--In determining the sentence to be imposed
24the court shall, except as provided in subsection (a.1),
25consider and select one or more of the following alternatives,
26and may impose them consecutively or concurrently:

27* * *

28(2.1) Motivational boot camp.

29* * *

30Section 12. Section 9763(a) of Title 42 is amended to read:

1§ 9763. Sentence of county intermediate punishment.

2(a) General rule.--

3(1) In imposing a sentence of county intermediate
4punishment, the court shall specify at the time of sentencing
5the length of the term for which the defendant is to be in a
6county intermediate punishment program established under
7Chapter 98 (relating to county intermediate punishment) or a
8combination of county intermediate punishment programs. The
9term may not exceed the maximum term for which the defendant
10could be confined and the program to which the defendant is
11sentenced.

12(2) The court may order a defendant to serve a portion
13of the sentence under section 9755 (relating to sentence of
14partial confinement) or 9756 (relating to sentence of total
15confinement) and to serve a portion in a county intermediate
16punishment program or a combination of county intermediate
17punishment programs.

18(3) The court may order a defendant to attend
19motivational boot camp for a sentence imposed for a violation
20of any of the following provisions of 18 Pa.C.S. (relating to
21crimes and offenses):

22Section 5802(d) (relating to marijuana).

23Section 5803 (relating to possession).

24Section 5804(b)(1) (relating to distribution).

25* * *

26Section 13. Section 9804(a) of Title 42 is amended by adding
27a paragraph to read:

28§ 9804. County intermediate punishment programs.

29(a) Description.--County intermediate punishment program
30options shall include the following:

1* * *

2(3) Motivational boot camp.

3* * *

4Section 14. Paragraphs (4) and (6) of the definition of
5"eligible offender" in section 4503 of Title 61 are amended to
6read:

7§ 4503. Definitions.

8The following words and phrases when used in this chapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11* * *

12"Eligible offender." A defendant or inmate convicted of a
13criminal offense who will be committed to the custody of the
14department and who meets all of the following eligibility
15requirements:

16* * *

17(4) Has not been found guilty or previously convicted or
18adjudicated delinquent for violating any of the following
19provisions or an equivalent offense under the laws of the
20United States or one of its territories or possessions,
21another state, the District of Columbia, the Commonwealth of
22Puerto Rico or a foreign nation:

2318 Pa.C.S. § 4302(a) (relating to incest).

2418 Pa.C.S. Ch. 58 (relating to controlled
25substances).

2618 Pa.C.S. § 5901 (relating to open lewdness).

2718 Pa.C.S. Ch. 76 Subch. C (relating to Internet
28child pornography).

29Received a criminal sentence pursuant to 42 Pa.C.S. §
309712.1 (relating to sentences for certain drug offenses

1committed with firearms).

2Any offense for which registration is required under
342 Pa.C.S. Ch. 97 Subch. H (relating to registration of
4sexual offenders).

5* * *

6(6) Has not been found guilty or previously convicted of
7violating 18 Pa.C.S. Ch. 58 or section 13(a)(14), (30) or
8(37) of the act of April 14, 1972 (P.L.233, No.64), known as
9The Controlled Substance, Drug, Device and Cosmetic Act,
10where the sentence was imposed pursuant to 18 Pa.C.S. §
117508(a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or
12(8)(iii) (relating to drug trafficking sentencing and
13penalties).

14* * *

15Section 15. Section 6323(1) of Title 75 is amended to read:

16§ 6323. Reports by courts.

17Subject to any inconsistent procedures and standards relating
18to reports and transmission of funds prescribed pursuant to
19Title 42 (relating to judiciary and judicial procedure):

20(1) The clerk of any court of this Commonwealth, within
21ten days after final judgment of conviction or acquittal or
22other disposition of charges under [any of the provisions of]
2318 Pa.C.S. Ch. 58 (relating to controlled substances), this
24title or [under] section 13 of the act of April 14, 1972 
25(P.L.233, No.64), known as The Controlled Substance, Drug,
26Device and Cosmetic Act, including an adjudication of
27delinquency or the granting of a consent decree, shall send
28to the department a record of the judgment of conviction,
29acquittal or other disposition.

30* * *

1Section 16. Repeals are as follows:

2(1) The General Assembly declares that the repeals under
3paragraph (2) are necessary to effectuate the addition of 18
4Pa.C.S. Ch. 58.

5(2) The following provisions of the act of April 14,
61972 (P.L.233, No.64), known as The Controlled Substance,
7Drug, Device and Cosmetic Act, are repealed:

8(i) Section 13(a)(30), (31), (32), (33), (35), (36),
9(37), (38) and (39).

10(ii) Section 13.3.

11(iii) Section 13.4.

12(iv) Section 13.5.

13(v) Section 14.

14(vi) Section 15.

15(vii) Section 17.

16(viii) Section 18.

17(ix) Section 19.

18(x) Section 41.1.

19(3) Section 13(b) of The Controlled Substance, Drug,
20Device and Cosmetic Act is repealed insofar as it is
21inconsistent with this act.

22Section 17. This act shall apply to offenses committed on or
23after the effective date of this section.

24Section 18. This act shall take effect in 180 days.