Bill Text: PA HB2748 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for sentencing and penalties for trafficking drugs to minors.

Spectrum: Moderate Partisan Bill (Republican 34-6)

Status: (Introduced - Dead) 2010-09-22 - Referred to JUDICIARY [HB2748 Detail]

Download: Pennsylvania-2009-HB2748-Introduced.html

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PRINTER'S NO. 4298
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2748 Session of2010
INTRODUCED BY PYLE, BAKER, BARRAR, BEYER, BOBACK, BROOKS, CALTAGIRONE, CLYMER, P. COSTA, CUTLER, GABLER, GINGRICH, GOODMAN, GROVE, HAHN, HICKERNELL, M. KELLER, MAJOR, MILLARD, MILNE, MOUL, OBERLANDER, QUINN, READSHAW, REED, ROCK, SAYLOR, SIPTROTH, K. SMITH, SONNEY, STERN, STEVENSON, TALLMAN, J. TAYLOR, TRUE, HESS AND VULAKOVICH, SEPTEMBER 22, 2010
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 22, 2010
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for sentencing and
penalties for trafficking drugs to minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6314 heading, (b) and (d) of Title 18 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
§ 6314. Sentencing and penalties for trafficking drugs to or in
the presence of minors.
* * *
(a.1) Minor present.--A person over 18 years of age who is
convicted in any court of this Commonwealth of a violation of
section 13(a)(14) or (30) of The Controlled Substance, Drug,
Device and Cosmetic Act, shall be sentenced to a minimum
sentence of at least one year total confinement, notwithstanding
any other provision of this title or other statute to the
contrary if:
(1) the violation was committed in the presence of a
minor; and
(2) the person convicted is the minor's parent, guardian
or a person standing in loco parentis to the minor.
(b) Additional penalties.--In addition to the mandatory
minimum sentence set forth in subsection (a) or (a.1), the
person shall be sentenced to an additional minimum sentence of
at least two years total confinement, notwithstanding any other
provision of this title or other statute to the contrary, if the
person did any of the following:
(1) Committed the offense with the intent to promote the
habitual use of the controlled substance.
(2) Intended to engage the minor in the trafficking,
transportation, delivery, manufacturing, sale or conveyance.
(3) Committed the offense within 1,000 feet of the real
property on which is located a public, private or parochial
school or a college or university.
(4) Committed the offense on a school bus or within 500
feet of a school bus stop.
* * *
(d) Authority of court in sentencing.--There shall be no
authority for a court to impose on a defendant to which this
section is applicable a lesser sentence than provided for in
subsection (a) or (a.1), to place the defendant on probation or
to suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
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the mandatory sentences provided in this section. 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.
* * *
Section 2. This act shall take effect in 60 days.
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