Bill Text: PA HB387 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for drug-free school zones.

Sponsorship: Slight Partisan Bill (Republican 27-14)

Status: (Introduced - Dead) 2011-02-01 - Referred to JUDICIARY [HB387 Detail]

Download: Pennsylvania-2011-HB387-Introduced.html

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PRINTER'S NO. 351
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 387 Session of2011
INTRODUCED BY BOYD, BARRAR, BOBACK, BRENNAN, CAUSER, D. COSTA, DAVIS, DEASY, DeLUCA, EVERETT, FLECK, GIBBONS, GILLESPIE, GINGRICH, GROVE, HARHAI, HARKINS, HESS, HICKERNELL, KAUFFMAN, M.K. KELLER, KILLION, KOTIK, MAJOR, MANN, MICOZZIE, MILLARD, M. O'BRIEN, PETRARCA, PICKETT, PYLE, RAPP, READSHAW, SAYLOR, K. SMITH, STERN, VEREB, VULAKOVICH AND WATSON, FEBRUARY 1, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 1, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for drug-free school
zones.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6317 heading, (a) and (b) of Title 18 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
§ 6317. Drug-free [school] zones.
(a) General rule.--A person 18 years of age or older who is
convicted in any court of this Commonwealth of a 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, shall, if the delivery or possession with intent
to deliver of the controlled substance occurred within 1,000
feet of the real property on which is located a public, private
or parochial school or a college or university or within 250
feet of [the real property on which is located a recreation
center or playground or on a school bus,] a drug-free zone shall
be sentenced to a minimum sentence of at least two years of
total confinement, notwithstanding any other provision of this
title, The Controlled Substance, Drug, Device and Cosmetic Act
or other statute to the contrary. The maximum term of
imprisonment shall be four years for any offense:
(1) subject to this section; and
(2) for which The Controlled Substance, Drug, Device and
Cosmetic Act provides for a maximum term of imprisonment of
less than four years.
If the [sentencing court finds] allegation is that the delivery
or possession with intent to deliver was to an individual under
18 years of age, then this section shall not be applicable and
the offense shall be subject to section 6314 (relating to
sentencing and penalties for trafficking drugs to minors).
[(b) Proof at sentencing.--The 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.]
* * *
(e) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection:
"Drug-free zone." The term shall include any of the
following:
(1) Real property on which is located a college,
university or public, private or parochial school.
(2) A community recreation center or playground.
(3) A school bus.
(4) A shopping center consisting of three or more retail
stores connected under a common roof and regularly open to
the public.
(5) A skating rink.
(6) A community swimming pool.
Section 2. This act shall take effect in 60 days.
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