PRINTER'S NO. 166
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
174
Session of
2017
INTRODUCED BY BARTOLOTTA, VOGEL, RESCHENTHALER, HUTCHINSON,
VULAKOVICH, YUDICHAK, SCAVELLO, WARD, COSTA, RAFFERTY,
LAUGHLIN AND BREWSTER, JANUARY 25, 2017
REFERRED TO JUDICIARY, JANUARY 25, 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; 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 9714(g) of Title 42 is amended to read:
§ 9714. Sentences for second and subsequent offenses.
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(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 as defined in 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 3. This act shall take effect in 60 days.
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