Bill Text: PA HB669 | 2009-2010 | Regular Session | Introduced

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

Spectrum: Slight Partisan Bill (Republican 26-9)

Status: (Introduced - Dead) 2009-02-27 - Referred to JUDICIARY [HB669 Detail]

Download: Pennsylvania-2009-HB669-Introduced.html

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PRINTER'S NO. 730
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 669 Session of2009
INTRODUCED BY HESS, BROWN, BAKER, BARRAR, BEYER, BOBACK, BOYD, BRENNAN, CASORIO, CAUSER, D. COSTA, CRUZ, J. EVANS, EVERETT, FLECK, GEIST, GINGRICH, HARHAI, KAUFFMAN, M. KELLER, MAJOR, MOUL, MURT, PAYNE, PETRARCA, PETRI, PICKETT, PYLE, READSHAW, ROCK, SCAVELLO, SEIP, STERN, TRUE AND VULAKOVICH, FEBRUARY 27, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 27, 2009
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(a) of Title 18 of the Pennsylvania
Consolidated Statutes is amended 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]
1,000 feet of the real property on which is located a recreation
center or playground or on a school bus, 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 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).
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Section 2. This act shall take effect in 60 days.
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