PRINTER'S NO. 2235
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1666
Session of
2017
INTRODUCED BY SANTORA, COOK, BAKER, CHARLTON, BARRAR, MILLARD,
GODSHALL, PASHINSKI, GROVE, DeLUCA, JOZWIAK AND NEILSON,
JULY 19, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JULY 19, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in assault, providing for the offense of drug
delivery resulting in serious bodily injury; in other
offenses, further providing for drug trafficking sentencing
and penalties; and, in sentencing, further providing for
sentences for second and subsequent offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2719. Drug delivery resulting in serious bodily injury.
A person commits a felony of the second degree if the person
intentionally administers, dispenses, delivers, gives,
prescribes, sells or distributes any controlled substance or
counterfeit controlled substance in violation of section 13(a)
(14) or (30) of the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, and another person suffers serious bodily injury as a
result of using the substance.
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Section 2. Section 7508(a)(7) of Title 18 is amended and the
subsection is amended by adding a paragraph 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:
* * *
(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
mixture containing the heroin involved is at least 5.0
grams but less than 50 grams: a mandatory minimum term of
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;
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however, if at the time of sentencing the defendant has
been convicted of another drug trafficking offense: a
mandatory minimum term of 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 heroin involved is 50 grams or
greater: a mandatory minimum term of 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
another drug trafficking offense: a mandatory minimum
term of 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.
(7.1) A person who is convicted of violating section
13(a)(30) 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
for a first violation to a mandatory minimum term of 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; and, for a second or
subsequent violation, to a mandatory minimum term of 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.
* * *
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Section 3. Section 9714(g) of Title 42 is amended to read:
§ 9714. Sentences for second and subsequent offenses.
* * *
(g) Definition.--As used in this section, the term "crime of
violence" means murder of the third degree, voluntary
manslaughter, manslaughter of a law enforcement officer as
defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal
homicide of law enforcement officer), murder of the third degree
involving an unborn child as defined in 18 Pa.C.S. § 2604(c)
(relating to murder of unborn child), aggravated assault of an
unborn child as defined in 18 Pa.C.S. § 2606 (relating to
aggravated assault of unborn child), aggravated assault as
defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to
aggravated assault), assault of law enforcement officer as
defined in 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer), use of weapons of mass destruction as
defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass
destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)
(relating to terrorism), drug delivery resulting in serious
bodily injury under 18 Pa.C.S. § 2719 (relating to drug delivery
resulting in serious bodily injury), trafficking of persons when
the offense is graded as a felony of the first degree as
provided in 18 Pa.C.S. § 3002 (relating to trafficking of
persons), rape, involuntary deviate sexual intercourse,
aggravated indecent assault, incest, sexual assault, arson
endangering persons or aggravated arson as defined in 18 Pa.C.S.
§ 3301(a) or (a.1) (relating to arson and related offenses),
ecoterrorism as classified in 18 Pa.C.S. § 3311(b)(3) (relating
to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S.
§ 3502(a)(1) (relating to burglary), robbery as defined in 18
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Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
robbery of a motor vehicle, drug delivery resulting in death as
defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
resulting in death), or criminal attempt, criminal conspiracy or
criminal solicitation to commit murder or any of the offenses
listed above, or an equivalent crime under the laws of this
Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.
Section 4. This act shall take effect in 60 days.
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