PRINTER'S NO. 929
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
847
Session of
2017
INTRODUCED BY MURT, BAKER, D. COSTA, HEFFLEY, IRVIN, MILLARD AND
READSHAW, MARCH 13, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, further providing
for drug trafficking sentencing and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7508 of Title 18 of the Pennsylvania
Consolidated Statutes, declared unconstitutional, 114 A.3d 1072
(Pa. Super. Ct. 2015), is reenacted and amended to read:
§ 7508. Drug trafficking sentencing and penalties.
(a) General rule.--Notwithstanding any other provisions of
this or any other act to the contrary, the following provisions
shall apply:
(1) A person who is convicted of violating section 13(a)
(14), (30) or (37) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, where the controlled substance is marijuana
shall, upon conviction, be sentenced to a mandatory minimum
term of imprisonment and a fine as set forth in this
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subsection:
(i) when the amount of marijuana involved is at
least two pounds, but less than ten pounds, or at least
ten live plants but less than 21 live plants; one year in
prison and a fine of $5,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: two years in prison and
a fine of $10,000 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity;
(ii) when the amount of marijuana involved is at
least ten pounds, but less than 50 pounds, or at least 21
live plants but less than 51 live plants; three years in
prison and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: four years in prison
and a fine of $30,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; and
(iii) when the amount of marijuana involved is at
least 50 pounds, or at least 51 live plants; five years
in prison and a fine of $50,000 or such larger amount as
is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(2) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
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and Cosmetic Act where the controlled substance or a mixture
containing it is classified in Schedule I or Schedule II
under section 4 of that act and is a narcotic drug shall,
upon conviction, be sentenced to a mandatory minimum term of
imprisonment and a fine as set forth in this subsection:
(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least 2.0
grams and less than ten grams; two years in prison and a
fine of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least ten
grams and less than 100 grams; three years in prison and
a fine of $15,000 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another
drug trafficking offense: five years in prison and
$30,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal
activity; and
(iii) when the aggregate weight of the compound or
mixture containing the substance involved is at least 100
grams; five years in prison and a fine of $25,000 or such
larger amount as is sufficient to exhaust the assets
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utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: seven
years in prison and $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(3) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance is coca
leaves or is any salt, compound, derivative or preparation of
coca leaves or is any salt, compound, derivative or
preparation which is chemically equivalent or identical with
any of these substances or is any mixture containing any of
these substances except decocainized coca leaves or extracts
of coca leaves which (extracts) do not contain cocaine or
ecgonine shall, upon conviction, be sentenced to a mandatory
minimum term of imprisonment and a fine as set forth in this
subsection:
(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least 2.0
grams and less than ten grams; one year in prison and a
fine of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: three years in prison and $10,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least ten
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grams and less than 100 grams; three years in prison and
a fine of $15,000 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another
drug trafficking offense: five years in prison and
$30,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal
activity; [and]
(iii) when the aggregate weight of the compound or
mixture of the substance involved is at least 100 grams[;
four] and less than 500 grams; five years in prison and a
fine of [$25,000] $30,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: seven years in prison
and $50,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity[.]; and
(iv) when the aggregate weight of the compound or
mixture of the substance involved is 500 grams or
greater; ten years in prison and a fine of $50,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: 13
years in prison and $60,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
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(4) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance is
methamphetamine or phencyclidine or is a salt, isomer or salt
of an isomer of methamphetamine or phencyclidine or is a
mixture containing methamphetamine or phencyclidine,
containing a salt of methamphetamine or phencyclidine,
containing an isomer of methamphetamine or phencyclidine,
containing a salt of an isomer of methamphetamine or
phencyclidine shall, upon conviction, be sentenced to a
mandatory minimum term of imprisonment and a fine as set
forth in this subsection:
(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least
five grams and less than ten grams; three years in prison
and a fine of $15,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: five years in prison
and $30,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity;
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least ten
grams and less than 100 grams; [four] five years in
prison and a fine of $25,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
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another drug trafficking offense: seven years in prison
and $50,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; [and]
(iii) when the aggregate weight of the compound or
mixture containing the substance involved is at least 100
grams[; five] and less than 500 grams; seven years in
prison and a fine of $50,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: [eight] ten years in
prison and [$50,000] $60,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity[.]; and
(iv) when the aggregate weight of the compound or
mixture of the substance involved is 500 grams or
greater; ten years in prison and a fine of $60,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: 13
years in prison and $70,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(5) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act, and who, in the course of the offense,
manufactures, delivers, brings into this Commonwealth or
possesses with intent to manufacture or deliver amphetamine
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or any salt, optical isomer, or salt of an optical isomer, or
a mixture containing any such substances shall, when the
aggregate weight of the compound or mixture containing the
substance involved is at least five grams, be sentenced to
two and one-half years in prison and a fine of $15,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has been
convicted of another drug trafficking offense: be sentenced
to five years in prison and $30,000 or such larger amount as
is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(6) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance is
methaqualone shall, upon conviction, be sentenced to a
mandatory minimum term of imprisonment and a fine as set
forth in this subsection:
(i) when the aggregate weight of the compound or
mixture containing the substance involved is at least 50
tablets, capsules, caplets or other dosage units, or 25
grams and less than 200 tablets, capsules, caplets or
other dosage units, or 100 grams; one year in prison and
a fine of $2,500 or such larger amount as is sufficient
to exhaust the assets utilized in and the proceeds from
the illegal activity; however, if at the time of
sentencing the defendant has been convicted of another
drug trafficking offense: three years in prison and
$5,000 or such larger amount as is sufficient to exhaust
the assets utilized in and the proceeds from the illegal
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activity; and
(ii) when the aggregate weight of the compound or
mixture containing the substance involved is at least 200
tablets, capsules, caplets or other dosage units, or more
than 100 grams; two and one-half years in prison and a
fine of $15,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: five years in prison and $30,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity.
(7) A person who is convicted of violating section 13(a)
(14), (30) or (37) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance or a mixture
containing it is heroin shall, upon conviction, be sentenced
as set forth in this paragraph:
(i) when the aggregate weight of the compound or
mixture containing the heroin involved is at least 1.0
gram but less than 5.0 grams the sentence shall be a
mandatory minimum term of two years in prison and a fine
of $5,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; however, if at the time of sentencing
the defendant has been convicted of another drug
trafficking offense: a mandatory minimum term of three
years in prison and $10,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity;
(ii) when the aggregate weight of the compound or
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mixture containing the heroin involved is at least 5.0
grams but less than 50 grams: a mandatory minimum term of
[three] five years in prison and a fine of $15,000 or
such larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal activity;
however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: a
mandatory minimum term of [five] seven years in prison
and $30,000 or such larger amount as is sufficient to
exhaust the assets utilized in and the proceeds from the
illegal activity; [and]
(iii) when the aggregate weight of the compound or
mixture containing the heroin involved is [50 grams or
greater] at least 50 grams but less than 100 grams: a
mandatory minimum term of [five] seven years in prison
and a fine of [$25,000] $30,000 or such larger amount as
is sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: a mandatory minimum
term of [seven] ten years in prison and $50,000 or such
larger amount as is sufficient to exhaust the assets
utilized in and the proceeds from the illegal
activity[.]; and
(iv) when the aggregate weight of the compound or
mixture containing the heroin is 100 grams or greater:
ten years in prison and a fine of $50,000 or such larger
amount as is sufficient to exhaust the assets utilized in
and the proceeds from the illegal activity; however, if
at the time of sentencing the defendant has been
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convicted of another drug trafficking offense: 13 years
in prison and $60,000 or such larger amount as is
sufficient to exhaust the assets utilized in and the
proceeds from the illegal activity.
(8) A person who is convicted of violating section 13(a)
(12), (14) or (30) of The Controlled Substance, Drug, Device
and Cosmetic Act where the controlled substance or a mixture
containing it is 3,4-methylenedioxyamphetamine (MDA); 3,4-
methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4-
methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or
their salts, isomers and salts of isomers, whenever the
existence of such salts, isomers and salts of isomers is
possible within the specific chemical designation, shall,
upon conviction, be sentenced as set forth in this paragraph:
(i) When the aggregate weight of the compound or
mixture containing the substance involved is at least 50
tablets, capsules, caplets or other dosage units, or 15
grams and less than 100 tablets, capsules, caplets or
other dosage units, or less than 30 grams, the person is
guilty of a felony and, upon conviction thereof, shall be
sentenced to imprisonment not exceeding five years or to
pay a fine not exceeding $15,000, or both.
(ii) When the aggregate weight of the compound or
mixture containing the substance involved is at least 100
tablets, capsules, caplets or other dosage units, or 30
grams and less than 1,000 tablets, capsules, caplets or
other dosage units, or less than 300 grams, the person is
guilty of a felony and, upon conviction thereof, shall be
sentenced to imprisonment not exceeding ten years or to
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pay a fine not exceeding $100,000, or both.
(iii) When the aggregate weight of the compound or
mixture containing the substance involved is at least
1,000 tablets, capsules, caplets or other dosage units,
or 300 grams, the person is guilty of a felony and, upon
conviction thereof, shall be sentenced to imprisonment
not exceeding 15 years or to pay a fine not exceeding
$250,000, or both.
(a.1) Previous conviction.--For purposes of this section, it
shall be deemed that a defendant has been convicted of another
drug trafficking offense when the defendant has been convicted
of another offense under section 13(a)(14), (30) or (37) of The
Controlled Substance, Drug, Device and Cosmetic Act, or of a
similar offense under any statute of any state or the United
States, whether or not judgment of sentence has been imposed
concerning that offense.
(b) [Proof of sentencing.--Provisions of this section shall
not be an element of the crime. Notice of the applicability of
this section to the defendant shall not be required prior to
conviction, but reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided after
conviction and before sentencing. The applicability of this
section shall be determined at sentencing. The court shall
consider evidence presented at trial, shall afford the
Commonwealth and the defendant an opportunity to present
necessary additional evidence and shall determine, by a
preponderance of the evidence, if this section is applicable.]
Application of mandatory minimum penalty.--Any provision of this
section that requires imposition of a mandatory minimum sentence
shall constitute an element enhancing the underlying offense.
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Any enhancing element must be proven beyond a reasonable doubt
at trial on the underlying offense and must be submitted to the
fact-finder for deliberation together with the underlying
offense. If the fact-finder finds the defendant guilty of the
underlying offense, the fact-finder shall then also decide
whether any enhancing element has been proven.
(c) Mandatory sentencing.--There shall be no authority in
any court to impose on an offender to which this section is
applicable a lesser sentence than provided for herein or to
place the offender on probation, parole or work release or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than provided
herein. Sentencing guidelines promulgated by the Pennsylvania
Commission on Sentencing shall not supersede the mandatory
sentences provided herein. Disposition under section 17 or 18 of
The Controlled Substance, Drug, Device and Cosmetic Act shall
not be available to a defendant to which this section applies.
(d) Appellate review.--[If a sentencing court refuses to
apply this section where applicable, the Commonwealth shall have
the right to appellate review of the action of the sentencing
court. The appellate court shall vacate the sentence and remand
the case to the sentencing court for imposition of a sentence in
accordance with this section if it finds that the sentence was
imposed in violation of this section.] If the fact-finder has
found any enhancing element and a sentencing court imposes a
sentence below the mandatory minimum sentence, the Commonwealth
shall have the right to appellate review of the sentence. If the
appellate court finds that the mandatory sentencing provision
was applicable, the court shall vacate the sentence and remand
for resentencing in accordance with that provision.
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(e) Forfeiture.--Assets against which a forfeiture petition
has been filed and is pending or against which the Commonwealth
has indicated an intention to file a forfeiture petition shall
not be subject to a fine. Nothing in this section shall prevent
a fine from being imposed on assets which have been subject to
an unsuccessful forfeiture petition.
(f) Growing plants.--When the controlled substance is
marijuana in the form of growing plants and the number of plants
is nine or less, weighing may be accomplished by law enforcement
officials utilizing any certified scale convenient to the place
of arrest for the purpose of determining the weight of the
growing marijuana plant. The aggregate weight of the plant is to
include the whole plant including the root system if possible.
The weight is not to include any substance not a part of the
growing plant.
Section 2. This act shall take effect in 60 days.
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