PRINTER'S NO. 989
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
819
Session of
2015
INTRODUCED BY CALTAGIRONE, D. COSTA, SCHLOSSBERG, ROZZI, COHEN
AND McNEILL, MARCH 24, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 2015
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
prohibited acts and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13(g) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, amended December 14, 1984 (P.L.988,
No.200), is amended and the section is amended by adding
subsections to read:
Section 13. Prohibited Acts; Penalties.--* * *
(g) Any person who violates clause (31) of subsection (a) is
guilty of a [misdemeanor] summary offense and upon conviction
thereof shall be sentenced [to imprisonment not exceeding thirty
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days, or to pay a fine not exceeding five hundred dollars
($500), or both.] as follows:
(1) for a first or second offense, to pay a fine of not less
than five hundred dollars ($500);
(2) for a third offense, to pay a fine of not less than
seven hundred fifty dollars ($750); or
(3) for a fourth or subsequent offense, to pay a fine of not
less than one thousand dollars ($1,000).
(g.1) Insofar as it relates to maximum fines and
imprisonment for convictions of summary offenses, 18 Pa.C.S.
(relating to crimes and offenses) is not applicable to
subsection (g). A person shall not be imprisoned for a
conviction under subsection (g).
(g.2) A district attorney may elect to require a person who
has been convicted of a second or subsequent offense under
subsection (g) to participate in an approved diversionary
program or complete a summary Accelerated Rehabilitative
Disposition program authorized under Pa.R.Crim.P. 300 (relating
to Accelerated Rehabilitative Disposition in summary cases). As
part of either a diversionary program or a summary Accelerated
Rehabilitative Disposition program, the person must complete an
education course on the effects and prevention of drug abuse. A
court, as part of sentencing, may also order the person to
complete an education course on the effects and prevention of
drug abuse. Failure to comply with the order may result in
contempt of court proceedings.
(g.3) The fines imposed and collected under subsection (g)
(1), (2) and (3) shall be allocated equally among the following:
(1) The Pennsylvania State Police crime lab and cadet
classes.
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(2) The Judicial Computer System Augmentation Account.
(3) The Crime Victim's Compensation Fund.
(4) The Municipal Police Officers' Education and Training
Commission.
(5) The district attorney in the county where the citation
is issued for drug court costs.
(6) The Office of Attorney General.
(7) The Pennsylvania Access to Justice Account.
(8) The Pennsylvania Commission on Crime and Delinquency.
(9) The law enforcement agency that issues the citation.
(10) The General Fund.
* * *
Section 2. This act shall take effect in 60 days.
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