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PRINTER'S NO. 1606
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1343
Session of
2019
INTRODUCED BY MOUL, SCHMITT, ZIMMERMAN, MILLARD, BERNSTINE AND
KEEFER, APRIL 29, 2019
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, further providing
for the offense of drug trafficking sentencing and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7508(a)(2), (3), (4), (7) and (8), (b)
and (d) of Title 18 of the Pennsylvania Consolidated Statutes,
declared unconstitutional, 177 A.3d 182 (Pa. 2018), are amended
to read:
ยง 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:
* * *
(2) 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 classified in Schedule I or Schedule II
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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] 25 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
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been convicted of another drug trafficking offense:
[seven years in prison] life in prison without the
possibility of parole 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
grams and less than 100 grams; three years in prison and
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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 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: [seven] 25
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[.]; however, if at the
time of sentencing the defendant has been convicted of
another drug trafficking offense: life in prison without
the possibility of parole 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.
(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,
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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 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: 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] 25 years in prison and a fine of $50,000 or
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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 years in prison] life in prison without the
possibility of parole and $50,000 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
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
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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 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] 25 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] life in prison without
the possibility of parole and $50,000 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,
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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
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] 25 years or to pay a fine not
exceeding $250,000, or both[.]; however, if at the time
of sentencing the defendant has been convicted of another
drug trafficking offense: life in prison without the
possibility of parole 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.
* * *
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(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.--With the exception of
prior convictions, a provision of this section that requires
imposition of a mandatory minimum sentence shall constitute an
element enhancing the underlying offense. An 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 decide whether an enhancing element has
been proven.
* * *
(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.] Appeal by the
Commonwealth.--If the fact-finder finds an enhancing element and
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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 the case for
resentencing in accordance with the mandatory sentencing
provision.
* * *
Section 2. This act shall take effect in 60 days.
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